5 Reasons To Choose Separation Agreement Over Divorce

Last Updated on January 19, 2024 by Lori Pace

Despite going through a difficult patch with your spouse, divorce is not your only option. There are plenty of times you may consider a separation agreement instead of a divorce. But how are these different, why is a printable separation agreement form important, and what are the main reasons for choosing separation over a divorce? If you are looking for answers and need to quickly make your choice, consider the information in this article.

What Is a Trial Separation?

A trial separation is an agreement you can use if you still haven’t decided to divorce your spouse. You can use a trial separation to plan property division and establish terms that will apply to a separation. It is not a formal agreement, and you will not need to involve a court.

Temporary VS Permanent Separation Agreement: What is the Difference

While a temporary separation agreement is ideal for establishing terms for property division and if you have not decided to divorce, a permanent separation agreement is an agreement you can use if you intend to divorce your spouse. If you consider yourselves “permanently separated,” you may use a permanent separation agreement.

What Is a Legal Separation?

A legal separation is a legal process that requires you to go through court. The process involves creating a legal separation agreement, after which you will still be married but end any financial links to your spouse.

5 Key Reasons to Use a Separation Agreement and Avoid Going Through a Divorce

Even though you may be certain that a divorce is the best option, stop for a moment. There are five key reasons you may want to use a separation agreement and avoid divorce. Here are those key reasons.

  1. To divide assets before a divorce

A separation agreement is one option if you want to separate from your spouse and decide how to split your assets and property without letting the courts decide. With a separation agreement, you can establish the initial conditions for splitting property and assets.

  1. Take some time to think before dissolving your marriage

Since a divorce is a legal process that officially terminates a marriage, this option may be a last resort; instead, you may want to take some time to think before dissolving the marriage and using a separation agreement.

  1. To remain legally married but live apart

If you want to remain married and keep your marital status but wish to live apart, this is another reason to use a separation agreement instead of filing for divorce. Living apart from your spouse while staying legally married is called “separation”.

  1. To avoid consulting an attorney when dividing finances

You may want to create a plan for splitting assets or finances before you meet with an attorney. In that case, you may consider using a separation agreement.

  1. To remain on your partner’s health insurance

It is possible to remain on your partner’s health insurance with a separation agreement as you are still married. You may use the separation agreement to state whether you are entitled to health care or insurance.

Can You Remarry if You Are Separated?

No, you cannot remarry if you are separated. The same is true for legal separation; neither you nor your partner can remarry if you are legally separated. If you wish to remarry, you must file for divorce with the courts.

Why Is a Separation Agreement Printable Form Important? 

A separation agreement printable form makes it easier to establish the terms of your separation and is legally binding. It is ideal for separating legally or preparing for a divorce and can help you set out every detail of your separation.

Which Key Points Should You Include in a Separation Agreement?

Some of the key points you should include in a separation agreement are:

  • Respective rights related to the debt you have taken on in the marriage
  • Information about child custody if you have children
  • Health insurance entitlements or allocations of costs
  • Marital assets division, including property and business accounts

When you write your separation agreement, include your and your spouse’s names and addresses, the date the separation begins, and a statement declaring that you intend to proceed with the separation.

Choosing Separation Agreements Instead of a Divorce: Key Takeaways

When choosing separation agreements instead of a divorce, remember that there are several benefits. You can divide assets before a divorce, avoid consulting an attorney, and take some time to think before filing for divorce with a separation agreement. A separation agreement printable form can help you establish the conditions for your separation and make the process easier.

Lori Pace
Lori Pace

Lori Pace is a single mother of three daughters ages 7 and under. As a working mom from home, she balances kids, work and two crazy dogs with humor and love. Follow Lori as she honestly gives tips and advice based on her own experiences as a single mom!