What is a Separation Agreement?

A separation agreement is a contract between a husband and wife that determines property division, debt division, child custody and support, spousal support, and any other things the parties wish to agree upon.  A separation agreement is beneficial because it allows the parties, not the courts to decide how to split all of their things and make decisions based upon their family’s specific needs.

A separation agreement is also a particularly good idea in North Carolina since a couple must be separated for a full year before they can file for an absolute divorce.  In the meantime, a separation agreement can determine how to separate things and how to handle custody before the end of that year.

Many separation agreements also have an anti-harassment clause.  This is an agreement between the husband and wife that they will not harass, call, stop by, or otherwise bother the other party during the separation.  Couples often want this because once they have made the difficult decision to divorce, they want to be able spend their time however they choose, with whoever they choose without the other party intruding upon their privacy.  However, this does not mean that just because you have a separation agreement you can have sexual relations with someone that is not your spouse.  Technically, you are married until you receive you final divorce judgment.  This means that if you have sex with someone that is not your husband or wife you are still committing adultery, which is still a crime in North Carolina (though rarely prosecuted).  This can complicate your actual divorce proceedings so it is always best to abstain from sexual relations until you have your final divorce judgment.

Something else that is important to note for a separation agreement is that it is only a contract between the parties.  If your spouse violates the separation agreement you cannot go to your family law judge and make them enforce it.  Your family law judge will not hold your spouse in contempt of court for violating your separation agreement.  Instead, you will have to sue your spouse under contract law for violating the separation agreement and determine what damages you have suffered because they have breached the contract.  However, separation agreements are still beneficial because most parties do follow the contract and often you can use a separation agreement that has been working to determine your final divorce judgment.

If you would like our office to help you with your separation please contact us at (980)225-1832 or Info@DuncanLarsonLaw.com.