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Legal Separation & Separation Agreements: Part 2

On Behalf of | Sep 5, 2014 | Divorce, Legal Separation

Separation Agreements California

In Part 1 of this two-part blog, we discussed “legal separation”.  Here in Part 2, we’ll talk about arrangements known as “separation agreements”.


In California, separation agreements are option for couples that does not involve going to court, and often involves the amicable splitting of a marriage and it’s assets. A separation agreement is different from the formal process of getting “legally separated.” A separation agreement is a legally binding contract that deals with all aspects of their separation, including issues of child support and visitation (if there are children), property division and alimony.

A separation agreement allows couples to address important issues that could arise during their separation, including:

▪      When, and how much time, the children will spend with each parent, and where the children will live during the separation

▪      How the couple will pay living expenses, such as rent and/or mortgage payments, utilities, taxes, health care costs and/or groceries during separation

▪      How the parties will manage assets (for example, bank accounts or investments) during the separation period

▪      Whether either spouse will pay child support and/or alimony during separation

▪      Whether either party is permitted divide or sell any property during the separation period

▪      How property and income obtained after the date of the separation will be treated

And, since a separation agreement is a contract, it must also include a specified time period within which the agreement will be valid.

Please remember, everything in this blog is meant solely for informational purposes.  It is written from our perspective and our point of view only, and reflects our personal opinions based upon our professional experience and judgment.  Nothing in it is intended as legal advice.

If you have questions about California separation agreements, or if you would like to discuss whether you should pursue a court-ordered legal separation or a divorce, we believe it is in your best interests to consult with an experienced family law attorney who can help you decide how to proceed. At Dinnebier & Demmerle, you can add all the know-how and specialized experience of Orange County’s premier family law specialists to your team. We are right here in Tustin, CA.  When you’re ready to move forward, please call at your convenience to set up a consultation at 714-598-3714.