Separation is often the first step toward divorce—but many people don’t realize that a lot can happen legally and financially during this time. Without a clear plan, important issues like child custody, property division, and financial responsibilities can quickly become confusing and contentious.
That’s where a separation agreement comes in. At Billian Law, we help individuals and families in Maryland protect their rights and prepare for the future—whether divorce is already underway or still uncertain. Here’s what you need to know about how a separation agreement works and why it matters.
What Is a Separation Agreement?
A separation agreement is a legally binding contract between spouses who are living apart (or planning to). It outlines each person’s rights and responsibilities while the couple is separated and, in many cases, sets the foundation for the terms of a future divorce.
Unlike a divorce decree, a separation agreement doesn’t legally end the marriage—but it can provide structure, protection, and peace of mind during an uncertain time.
What Can Be Included in a Separation Agreement?
A well-crafted separation agreement can cover a wide range of topics, including:
- Division of property and debts
- Spousal support (alimony)
- Child custody and parenting time
- Child support
- Living arrangements
- Health insurance or tax responsibilities
It’s highly customizable to your situation and should reflect both short-term needs and long-term goals.
Why You Shouldn’t Wait to Create One
Even if divorce isn’t your next step immediately, a separation agreement can help prevent confusion, reduce conflict, and protect your interests in the meantime. Here’s how:
1. Clarifies Expectations
Without a written agreement, there’s no guarantee that verbal arrangements about finances or parenting will hold up. A separation agreement removes uncertainty and creates clear expectations for both parties.
2. Protects Your Assets and Finances
If you’re still legally married, your spouse’s financial decisions could still impact you. A separation agreement can define who is responsible for debts, bills, and major assets, helping you avoid unpleasant surprises.
3. Supports Stability for Children
For parents, a separation agreement can establish temporary custody and visitation arrangements that keep life predictable for children. It can also address school decisions, healthcare, and holidays while the divorce process plays out.
4. Can Be Used in Divorce Proceedings
In many cases, the terms of a separation agreement are incorporated into the final divorce decree. That means the work you do now can save time, money, and stress later—especially if both parties are cooperative.
Do You Need a Lawyer to Create One?
Technically, you can draft a separation agreement without an attorney—but that doesn’t mean you should. An agreement that isn’t legally sound, clearly written, or fair to both parties may be unenforceable in court.
At Billian Law, we ensure your agreement reflects your rights, your needs, and Maryland law—so you can move forward with confidence, whether reconciliation or divorce is on the horizon.
Considering Separation? Let’s Talk First.
If you’re planning to separate or have already moved out, don’t wait to put protections in place. A separation agreement can be one of the smartest and most empowering steps you take during a difficult transition. Contact Billian Law today to schedule a consultation and learn how we can help you create a separation agreement that works for you and your family.