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Separation agreement template: free to fill in and download in Word

A separation agreement is a contract between spouses who live apart. It divides property and debts, sets spousal and child support, and sets a parenting plan. Many couples later file it with a divorce or legal separation so the court can approve it.

Ten documents free, no card. Signed by both spouses.

Separation agreement example, filled in with sample data
Example filled in with sample data

The full separation agreement

MARITAL SEPARATION AGREEMENT

This Agreement is made on [date] between [Spouse A full name], residing at [address] ("Spouse A"), and [Spouse B full name], residing at [address] ("Spouse B"), who were married on [date] in [place].

1. Separation

The spouses separated on [date] and agree to live apart. Neither will interfere with the other's personal life.

2. Children

The children of the marriage are: [names and dates of birth]. Custody and parenting time follow the parenting plan in Schedule A. Child support is USD [amount] per month paid by [spouse], [calculated under the state guidelines].

3. Home

The marital home at [address] will be [kept by [spouse], who will refinance by [date] / sold, with net proceeds split [percentages]].

4. Other Property

Vehicles, bank accounts, retirement accounts and personal property are divided as listed in Schedule B.

5. Debts

Debts are assigned as listed in Schedule C. Each spouse will pay the debts assigned to them and hold the other harmless.

6. Spousal Support

[Spouse] will pay spousal support of USD [amount] per month until [date or event]. / Both spouses waive spousal support.

7. Health Insurance and Taxes

[Spouse] keeps the children on health insurance. The spouses will file taxes for [year] [jointly / separately] and share any refund or amount due [terms].

8. Disclosure and Voluntary Signing

Each spouse has fully disclosed their income, assets and debts. Each had the opportunity to consult a lawyer and signs voluntarily.

9. Court Approval

The spouses may ask a court to incorporate this Agreement into a judgment of legal separation or divorce. Terms about the children are subject to court approval.

10. Governing Law and Changes

This Agreement is governed by the laws of the State of [state] and may be changed only in writing signed by both spouses, subject to court approval where required.

[NOTARY ACKNOWLEDGMENTS, if your state or court requires them.]

Spouse a

Name: [name]

Signature: ______________

Date: [date]

Spouse b

Name: [name]

Signature: ______________

Date: [date]

What the template includes

  • Names of the spouses and the marriage date
  • Date of separation
  • Children, parenting plan and child support
  • Family home
  • Division of other property
  • Division of debts
  • Spousal support
  • Health insurance and taxes
  • Disclosure and voluntary signing
  • Court approval and incorporation
  • Governing law and changes

What you fill in

FieldExample
Spouse ARachel Moreno
Spouse BDavid Moreno
MarriedMay 4, 2012, San Antonio, TX
SeparatedSeptember 1, 2026
ChildrenSofia, 10, and Lucas, 7
HomeSold, proceeds split 50/50
Child supportUSD 1,150 a month by Spouse B
Spousal supportBoth waive

How it gets signed

  1. 1Choose «Use this template», fill in the fields and review the full separation agreement.
  2. 2Send it by WhatsApp or email. The other party opens the link on their phone without an account.
  3. 3They tap the brown bar at the bottom that says «Sign as …» and draw their signature once.
  4. 4Everyone gets the signed PDF with its signature certificate. Anyone can check it at signsolu.com/verificar.

Separation agreements follow state family law and court rules. Some courts accept electronically signed agreements and others ask for notarized or wet signatures. Agree on the text online, then sign the final version the way your court asks.

What you get once everyone signs

  • The signed PDF. The final separation agreement with every drawn signature in place.
  • The signature certificate. It lists each signer and the date and time of each signature.
  • A record you can check. The folio on the certificate opens the document history at signsolu.com/verificar.
  • Reminders. Turn them on and SignSolú reminds every signer who has not signed yet.

Your first ten documents are free and need no card.

What the law says

Separation agreements are governed by state family law. Some states have a formal legal separation, and others only recognize separation as a step before divorce.

Courts review terms about children closely. A judge can change custody, parenting time and child support to protect the children's best interest, whatever the agreement says.

Property and support terms are usually enforced if both spouses disclosed their finances and signed freely. Many states require the agreement to be in writing and signed by both.

The ESIGN Act exceptions, 15 U.S.C. 7003, leave out records governed by state law on adoption, divorce and other matters of family law. For this document, state law decides how it must be signed.

Separation agreement and divorce

A separation agreement settles the terms while spouses live apart. It does not end the marriage.

If the couple later divorces, the same agreement often becomes the divorce settlement. The court incorporates it into the judgment.

Some couples never divorce and keep the separation agreement for years. Others reconcile and end it in writing.

What to gather before filling it in

  • Income. Recent pay stubs and tax returns for both spouses.
  • Assets. Bank, retirement and investment statements, plus vehicle titles.
  • Home. The mortgage statement and an estimate of value.
  • Debts. Credit cards, loans and medical bills.
  • Children. School schedules, activities and health insurance.

The parenting plan

Schedule A sets where the children live, the weekly schedule, holidays and how parents decide on school and health.

Many states publish a parenting plan form. Use it when your court requires it.

Write the plan around the children's routine, not the parents' convenience. Courts look for that.

Common mistakes

Not disclosing everything. A hidden account can undo the whole agreement.

Leaving the mortgage in both names. Set a date to refinance or sell.

Child support below the state guideline. Courts may reject it.

Signing without advice. Each spouse should talk to a lawyer before signing.

Working through the agreement together

Start with the children. Parents who agree on the parenting plan first usually find the money terms easier.

Fill in the schedules for property and debts next. Use account statements, not memory.

Send the draft back and forth until both spouses accept every clause. SignSolú keeps the final version that each spouse signed, with the date.

A mediator can help when you are stuck on one point. Many courts offer family mediation at low cost.

Before signing, read the final draft side by side with the statements you collected. Every number in the schedules should match a document you can show.

If you reconcile

Couples sometimes get back together after signing. Sign a short written document that ends the separation agreement, so its terms do not come back later.

If property was already divided, decide in that same document whether it stays divided.

Before you sign

  • Read every clause of the separation agreement with the other party before anyone signs. Change what does not fit your deal.
  • Check how electronic signatures are recognized where you sign in the e-signature validity guide by country.
  • Learn how anyone can confirm a signed document at signsolu.com/verificar.
  • If the other side sends their own PDF form instead, fill in the PDF form online, add the date and your signature, and download it.

Other templates

Frequently asked questions

Can a separation agreement be signed electronically?

It depends on your state and court. The ESIGN Act leaves family law to state rules. Prepare it online and sign it the way your court asks.

Is a separation agreement legally binding?

Yes, as a contract between spouses, when both disclosed their finances and signed freely. Terms about children need court approval.

Does a separation agreement end the marriage?

No. Only a divorce ends the marriage. The agreement can later become part of the divorce.

Can the court change the agreement?

Yes, for terms about children. The court always decides in the children's best interest.

Do we need lawyers?

Not by law, but separate advice protects both spouses and makes the agreement harder to challenge.

What if one spouse stops following the agreement?

If a court approved it, ask the court to enforce it. If not, it can be enforced as a contract, except for terms about children.

Does the other party need a SignSolú account?

No. They open the link on their phone and sign with the brown bar at the bottom.

Can I edit the clauses before sending it?

Yes. After «Use this template» you can change any clause before you send it.

See also

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