A separation agreement is a contract between two spouses who are separating. This agreement includes terms relating to many aspects of the separation, such as which spouse is responsible for certain bills, which spouse gets to live in the marital home, where the children will live, spousal support (alimony), and how personal property will be divided.
A separation agreement is not a requirement in order to be separated, but it can make things easier in the long run and resolve legal issues, all while protecting the rights of each spouse. If there is a separation agreement in place that addresses a wide variety of issues, the couple may be able to avoid a lengthy court battle.
In the event that one party violates the separation agreement, the other party can sue for breach of contract. The attorneys at Hopler, Wilms, & Hanna, PLLC routinely draft separation agreements and assist in filing suit for violations of such agreements.