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Home > Family Law > Separation

Boca Raton Attorneys Helping with Legal Separation & Marital Settlement Agreements

Every couple’s relationship is unique. Separation may be the desirable legal solution to a couple’s wishes to live under an agreement of separate maintenance. Legal separation also may be sought for religious reasons, tax reasons, or health insurance reasons. If you and your spouse are interested in discussing a separation, the family law attorneys at Schwartz | White can help you explore your options and protect your interests as your relationship changes. If you are already planning to file for divorce, we can help you work out a marital settlement agreement now to ease the divorce process later.

A separation agreement can include provisions for most of your concerns as you separate from your spouse.

A separation agreement is a legally binding contract between two individuals that contains many of the same characteristics as a divorce decree, such as provisions for parental timesharing, spousal maintenance and property division. Many people considering a legal separation are in the following situations:

  • The couple has been married for a very long time and is not ready for a divorce, but acknowledges that a change is needed.

  • The couple is concerned about the tax implications of going through a divorce.

  • One spouse is covered by the other spouse’s insurance and needs to remain legally married for insurance benefits.

  • The couple wants to stay married but is concerned about exposure to liability of one of the parties, and wants to divide assets to shield the other spouse from liability exposure.

  • The couple is not comfortable with divorce due to religious beliefs.

A separation agreement can be converted into a divorce agreement if one of the spouses eventually decides to file for divorce. Because arrangements have already been established regarding children, support payments and property division, the transition should be relatively easy. This is a significant benefit of using a separation agreement if you and your spouse are living apart, as much of the stress and confusion associated with divorce can be avoided.

If you already plan to file for divorce, a marital settlement agreement can serve as the blueprint for your divorce agreement.

A marital settlement agreement is a written contract made between a couple who plans to divorce that sets forth their marital, property, and support rights, and, if the couple has minor children, will also address timesharing with the children. With a marital settlement agreement, you can basically agree to the terms of your divorce before you file for divorce and ensure you and your spouse maintain control of your divorce. In most cases, spouses are more likely to adhere to the stipulations of a marital settlement agreement because they each provided input and reached the terms together, rather than being forced into the agreement by the court.

Contact our Boca Raton family law attorneys for more information about legal separation and marital settlement agreements.

For more information about legal separation and marital settlement agreements, or to discuss your situation in confidence with one of our family law attorneys, please contact our offices in Boca Raton. Schwartz | White provides confident, high-quality legal guidance to clients throughout Palm Beach County, Florida.

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