During a dissolution of marriage, divorce or legal separation in Ohio, many couples work on a separation agreement that outlines the main terms by which they will live their lives after they move apart—without a judge having to decide.
This important document is the roadmap for living a life independent of each other. Decisions made at the time will likely affect the years ahead. Knowing that you’ve covered all matters comprehensively and that your legal rights are protected brings great peace of mind during difficult times.
The lawyers at Nielsen Miller Law in Columbus have the necessary skills and experience to help couples work through the main issues and seek mutually beneficial solutions in separation agreements—through negotiation, collaboration, and mediation.
What is a separation agreement?
A separation agreement is a document prepared when couples break up—either before divorce, dissolution of a marriage, or the end of an “informal marriage” relationship, such as a domestic partnership.
Although each method results in terminating the relationship, the differences become important when filing documents. Each approach involves a separate legal process and requires different legal procedures.
You may hear these agreements referred to as a marital separation agreement (MSA) or property settlement agreement (PSA), though the division of property is only one aspect of a comprehensive separation agreement.
This legally enforceable document outlines the main terms of how a couple will separate in Ohio, including how to divide their assets and debts, how to provide support if required, and how to care for and raise their children.
Once a separation agreement has been finalized—usually with the assistance of a qualified divorce lawyer—the court will need to approve it to make it legally binding.
Benefits of separation agreements
By negotiating a separation agreement through a collaborative process, married couples can avoid many of the delays, costs, and stress of a litigated divorce.
If both spouses agree to the terms, the document can be presented to the court for approval before the formal end of their relationship, i.e., the final hearing in a divorce or dissolution case.
Some couples choose to remain “legally separated” to reduce trauma for their children or due to religious beliefs, social stigma, or simply to give themselves more time to consider their situation. A separation agreement can remain in place and allow this arrangement without the need for a formal end to the marriage.
If the couple later decides to dissolve the marriage or one of the spouses files for divorce, the separation agreement can be used as a starting point for that process. Conversely, if the couple decides to live together again, a legal separation is easily reversed.
How can our Columbus lawyers help with your separation agreement?
Divorce is stressful enough without a long, drawn-out legal wrangle over separation terms. Such matters can often be worked out relatively amicably with the right legal guidance and a willingness to compromise.
At the same time, it’s important to protect your financial future and plan the best you can for self-sufficiency, especially if you have children together.
Our experienced divorce attorneys have helped with every type of separation in Columbus—helping families through emotional times when reliable legal advice and support is so essential.
Our separation agreement lawyers can help you make sense of it all, protect your legal rights, and make informed decisions before signing any paperwork.
We can assist with negotiations and collaboration with your spouse’s lawyer or arrange mediation sessions to help resolve disputed matters, keeping you informed of your legal options at every stage of the process.
What’s included in a separation agreement?
A comprehensive separation agreement will be a roadmap for living separate lives and usually addresses the following elements:
- Property division: how assets such as real estate, bank accounts, vehicles, retirement accounts, jewelry, and other marital property will be divided.
- Debt division: how credit card debt, outstanding loans, mortgages, etc. will be divided.
- The allocation of parental rights and responsibilities: physical and legal custody of the children, visitation rights, parenting schedules, etc.
- Child support: how much support the non-custodial parent will pay towards the children’s needs.
- Spousal support: whether alimony will be paid and if so, how much, how often, and for how long.
- Insurance and taxes: what happens with existing insurance coverage and how tax returns will be filed in the future (jointly or separately).
FAQs
What is legal separation?
In Ohio, a legal separation is a court order that allows a couple to remain married while living apart. This does not legally end a marriage but allows the spouses to put legal agreements in place about how they will live separate lives.
What’s the difference between a divorce agreement and a separation agreement?
A divorce agreement and a separation agreement both address the same issues, such as the allocation of parental rights and responsibilities, property division, child support, spousal support, and so on. The main difference is that a divorce agreement legally ends a marriage while a separation agreement does not.
Is a separation agreement legally binding?
A separation agreement may not be legally binding but can be legally enforceable in Ohio if it is fair, up-to-date, puts the children’s interests first (if applicable), and is correctly drafted and signed. Both parties must agree to the terms of their own free will after receiving legal advice.
Contact Nielsen Miller Law Today
Contact Nielsen Miller Law today for a 30-minute consultation or call us at 614-505-5555 to discuss your Ohio division of assets case in detail, and to learn how our experience and resources can work for you.
