A separation occurs when one or both spouses decide to live apart with no intention of living together, at any future time. This agreement is made to give you the protection needed when going through a difficult time in your life. It is intended to help the parties formalize an allocation of their properties, assets, finances child custody and support. You may also need to work out issues dealing with spousal support. A separation agreement will help you take care of unforeseen situations that may happen and anything that you truly care about. SmartFormz can help by giving you a quick, easy to use questionnaire that will not only save you time, but money as well, since you can view this agreement before purchasing the final product.
This document will handle the following situations:
Married without children
To legally end your marriage, you need a divorce, which is an order signed by a judge under the federal law called the Divorce Act. This agreement is considered when finalizing a divorce and will help alleviate potential problems and issues.
Husband
Please include a complete address of your current residence.
Husband Information
Wife
Please include a complete address of your current residence.
Wife Information
Full Name:
Address:
City:
State:
Zip Code:
Marriage
All marriage information must be completed fully. Keep in mind, most states require proof of marriage by way of a marriage certificate. This certificate may need to be provided if it is a state requirement.
Marriage Details
City of Marriage:
State of Marriage:
Date of Marriage:
Date of Separation:
Real Estate
All real estate jointly owned by both parties must be included in the section below. Specific details dealing with division of the following properties is essential.
Real Estate Information
How many real estate properties are jointly owned?
Address:
City:
State:
Zip Code:
Who will reside at the above real estate:
Who will have rights of title and ownership?
Who will pay expenses, mortgage and maintenance?
The sale of the real estate shall be divided as follows:
Second Real Estate
Address:
City:
State:
Zip Code:
Who will reside at the above real estate:
Who will have rights of title and ownership?
Who will pay expenses, mortgage and maintenance?
The sale of the real estate shall be divided as follows:
Third Real Estate
Address:
City:
State:
Zip Code:
Who will reside at the above real estate:
Who will have rights of title and ownership?
Who will pay expenses, mortgage and maintenance?
The sale of the real estate shall be divided as follows:
Fourth Real Estate
Address:
City:
State:
Zip Code:
Who will reside at the above real estate:
Who will have rights of title and ownership?
Who will pay expenses, mortgage and maintenance?
The sale of the real estate shall be divided as follows:
Personal Property
If either party has personal property that they would like to acquire, state this information below.
Personal Property Information
Would you like to provide details for the division of personal property?
Yes
No
Click here to see a sample list of personal property. You may wish to add it as an appendix to your document.
Please check the box if you will be attaching a list of personal property. (Either your own or the list above.)
Property to remain with Husband:
Property to remain with Wife:
Pension/Retirement
If either party has pension or retirement benefits, state this information below, along with specific details dealing with the benefit division.
Pension/Retirement Information
Would you like to provide details for the division of retirement or pension benefits?
Yes
No
Husband entitlement:
Wife entitlement:
Stocks/Bonds
If either party has stocks or bonds, specify the divisions of the following below and be as detailed as possible.
Stock/Bond Information
Would you like to provide details for the division of stocks or bonds?
Yes
No
Husband entitlement:
Wife entitlement:
Banking
All bank accounts jointly owned by both parties must be listed below with specific details explaining the division of money.
Banking Information
Please enter the number of bank accounts you would like to detail:
Account Number:
Account Balance:
$
Name and Address of Institute:
The Account is held by:
Husband
Wife
Jointly
Will the account be distributed evenly?
Yes
No
The Husband gets:
The Wife gets:
Will there be any remaining funds?
Yes
No
How Much?
$
What will they be used for?
Second Account
Account Number:
Account Balance:
$
Name and Address of Institute:
The Account is held by:
Husband
Wife
Jointly
Will the account be distributed evenly?
Yes
No
The Husband gets:
The Wife gets:
Will there be any remaining funds?
Yes
No
How Much?
$
What will they be used for?
Third Account
Account Number:
Account Balance:
$
Name and Address of Institute:
The Account is held by:
Husband
Wife
Jointly
Will the account be distributed evenly?
Yes
No
The Husband gets:
The Wife gets:
Will there be any remaining funds?
Yes
No
How Much?
$
What will they be used for?
Fourth Account
Account Number:
Account Balance:
$
Name and Address of Institute:
The Account is held by:
Husband
Wife
Jointly
Will the account be distributed evenly?
Yes
No
The Husband gets:
The Wife gets:
Will there be any remaining funds?
Yes
No
How Much?
$
What will they be used for?
Debt
All debts jointly owed by both parties must be included in the section below.
Debt Information
How many debts would you like to include in the agreement?
Name and Address of Institute (optional)
Account Number (optional)
Current Debt Owed
$
As of
Type of debt
Responsibility of Payment?
50 / 50
Other
Husband shall pay:
$
Wife shall pay:
$
Second Debt
Name and Address of Institute (optional)
Account Number (optional)
Current Debt Owed
$
As of
Type of debt
Responsibility of Payment?
50 / 50
Other
Husband shall pay:
$
Wife shall pay:
$
Third Debt
Name and Address of Institute (optional)
Account Number (optional)
Current Debt Owed
$
As of
Type of debt
Responsibility of Payment?
50 / 50
Other
Husband shall pay:
$
Wife shall pay:
$
Fourth Debt
Name and Address of Institute (optional)
Account Number (optional)
Current Debt Owed
$
As of
Type of debt
Responsibility of Payment?
50 / 50
Other
Husband shall pay:
$
Wife shall pay:
$
Automobile
All automobiles jointly owned by both parties should be specified below, along with a description of how they will be divided.
Automobile Information
How many automobiles would you like to include in the agreement?
Make
Model
Year
Who will keep the car?
Please detail the division of the sale:
The Husband shall receive:
The Wife shall receive:
Please detail what will be done with that vehicle:
Second Vehicle
Make
Model
Year
Who will keep the car?
Please detail the division of the sale:
The Husband shall receive:
The Wife shall receive:
Please detail who will recieve the car:
Third Vehicle
Make
Model
Year
Who will keep the car?
Please detail the division of the sale:
The Husband shall receive:
The Wife shall receive:
Please detail who will recieve the car:
Fourth Vehicle
Make
Model
Year
Who will keep the car?
Please detail the division of the sale:
The Husband shall receive:
The Wife shall receive:
Please detail who will recieve the car:
Spousal Support
Spousal support is a major factor in most separation agreements. It is imperative that this section is as detailed as possible.
Spousal Support
Will spousal support be part of this agreement?
No spousal support
Husband will support the Wife in the amount of:
Wife will support the Husband in the amount of:
The Husband shall pay Wife:
$
Beginning:
Ending:
Endless
Other
The Wife shall pay Husband:
$
Beginning:
Ending:
Endless
Other
Pets
All pets that are jointly owned must be included below, along with custody and visitation rights of both parties. Be sure to specify who is going to have custody of the pets and if visitation rights are involved.
Pet Information
How many pets would you like to include in the agreement?
Pets Breed and Name
Who will have custody of the pet?
Husband
Wife
Other
Detail any special considerations for the pet (if the wife will have visitation rights or pay pet support etc.)
Detail any special considerations for the pet (if the husband will have visitation rights or pay pet support etc.)
Please detail the arrangements for the pet. Be sure to include any special considerations such as pet support.
Second Pet
Pets Breed and Name
Who will have custody of the pet?
Husband
Wife
Other
Detail any special considerations for the pet (if the wife will have visitation rights or pay pet support etc.)
Detail any special considerations for the pet (if the husband will have visitation rights or pay pet support etc.)
Please detail the arrangements for the pet. Be sure to include any special considerations such as pet support.
Third Pet
Pets Breed and Name
Who will have custody of the pet?
Husband
Wife
Other
Detail any special considerations for the pet (if the wife will have visitation rights or pay pet support etc.)
Detail any special considerations for the pet (if the husband will have visitation rights or pay pet support etc.)
Please detail the arrangements for the pet. Be sure to include any special considerations such as pet support.
Fourth Pet
Pets Breed and Name
Who will have custody of the pet?
Husband
Wife
Other
Detail any special considerations for the pet (if the wife will have visitation rights or pay pet support etc.)
Detail any special considerations for the pet (if the husband will have visitation rights or pay pet support etc.)
Please detail the arrangements for the pet. Be sure to include any special considerations such as pet support.
Tax
The total amount of tax that an entity is legally obligated to pay to an authority as the result of the occurrence of a taxable event. Taxable events include, but are not limited to, annual income, the sale of an asset, a fiscal year-end or an inheritance.
Tax Liability Information
Would you like to detail taxes?
Yes
No
The Husband shall pay:
The Wife shall pay:
Health Insurance
Whether both parties wish to keep the current benefits or separate their health insurance, specify the details below.
Health Insurance Information
The Husband and Wife shall:
Keep Current Insurance Policy
Use Separate Insurance Policy
Details of the separate insurance:
Life Insurance
The Insurance provision should state that if the payor spouse does not leave the insurance policy proceeds as needed, whatever is missing will be a claim against their estate and that the estate must pay any attorney's costs incurred in enforcing this provision.
A claim for missing proceeds of an insurance policy can be made against the estate, or as an equitable claim against the party (often a new spouse) named as beneficiary of the life insurance proceeds in breach of the separation agreement. If subsequent life insurance policies are purchased, they shall be considered to be intended for the benefit of the payees under the current Separation Agreement to the extent of the support amounts or policy face amounts required under the agreement.
This means that the prior obligation cannot be avoided by buying new policies and cancelling old ones. The payor spouse should also be required under the agreement to give the other party yearly proof of insurance coverage to prevent changes.
Life Insurance
How many policies would you like to include in the agreement?
Policy Owner
Policy Number
Policy Amount
Beneficiary
Name and Address of Institute
Detail the division of the Policy:
Second Policy
Policy Owner
Policy Number
Policy Amount
Beneficiary
Name and Address of Institute
Detail the division of the Policy:
Third Policy
Policy Owner
Policy Number
Policy Amount
Beneficiary
Name and Address of Institute
Detail the division of the Policy:
Fourth Policy
Policy Owner
Policy Number
Policy Amount
Beneficiary
Name and Address of Institute
Detail the division of the Policy:
Other Information
Be sure to specify your witnesses and if you would like to have the document notarized.
Final Information
Agreement Signing Date:
How many witnesses for the husband?
How many witnesses for the wife?
Will this document be notarized?
No
Yes
If both parties decide to divorce, will this separation be incorporated into the divorce decree?
No
Yes
Please select the State that will govern this agreement:
Husband