What is a Separation Agreement?
Updated: Jan 10
Spouses seeking a divorce in Massachusetts can pursue court intervention or settle all issues through a negotiated and signed contract. In Massachusetts we call this contract a Separation Agreement which is a misleading name. The Separation Agreement functions as your divorce agreement. Your signed Separation Agreement will be presented to the Massachusetts Probate and Family Court judge for approval. Walking into court with a signed Separation Agreement allows couples to tailor their agreement to meet their specific needs. It will cover alimony, taxes, medical and dental insurance, life insurance, taxes and an allocation of assets and debts. If you have children, it will address child support, a co-parenting, any special medical and educational needs they may have, legal and physical custody, education and define emancipation.
Entering into a Separation Agreement allows spouses to retain control and to create predictability. It is a much more attractive alternative than allowing a judge to make decisions for you and entering temporary orders or a court-ordered judgment. Chances are, neither of you will be happy with the judge's decision. In addition, the judge does not have the time to get to know you as well as any mediator will get to know you. Although no couple can predict every future event, a mediator can help you identify certain circumstances that may arise in the future and address them in your Separation Agreement which will preserve your time and money.
Contact Attorney Kaplan to find out how she organizes the divorce mediation process and helps her clients to stay on track so they don't feel overwhelmed during negotiations. www.jrkaplanlaw.com