Information for Separation Agreement

At a minimum, a Separation Agreement must make provisions for the following:

  • Division of any and all real estate in the possession of either party, whether acquired before or during the marriage, including after separation
  • Division of any and all personal property in the possession of either party
  • Division of all debts in the name of either or both parties, whether incurred before or during the marriage, including after separation
  • Alimony, or the waiver thereof, by one or both of the parties
  • Health Insurance coverage with respect to each of the parties

If there are children of the marriage, the agreement must also make provision for the following:

  • Legal custody
  • Physical custody
  • Visitation
  • Child Support
  • Health Insurance coverage for child(ren)
  • Uninsured medical and dental coverage of the child(ren)

Your agreement must address whether you want your agreement and its provisions to be incorporated and merged into the judgment of divorce, or incorporated but not merged, to remain as an independent contract. This choice will effect how the terms of the agreement may be modified or enforced.

You are STRONGLY advised to consult with an attorney before entering into any Separation Agreement.

A helpful guide for parents living apart has been prepared by The Massachusetts Association of Family and Conciliation Courts with the support of the Honorable Sean M. Dunphy, Chief Justice of the Probate and Family Court. (Click here)