Civil Separation Agreement Template for United States

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Key Requirements PROMPT example:

Civil Separation Agreement

"I need a Civil Separation Agreement for a couple married 15 years with two minor children, focusing on joint custody arrangements and division of a family business, with the separation to take effect from March 1, 2025."

Document background
A Civil Separation Agreement serves as a formal contract between married spouses who wish to live separately but do not want to pursue divorce. This document is particularly relevant in states that require a separation period before divorce or for couples who cannot or choose not to divorce for religious, financial, or personal reasons. The agreement typically covers property division, financial obligations, living arrangements, and if applicable, child custody and support. While requirements vary by state, most U.S. jurisdictions recognize these agreements as legally binding documents when properly executed.
Suggested Sections

1. Parties: Identification and details of both spouses entering the separation agreement

2. Background: Marriage date, separation date, and reason for separation agreement

3. Definitions: Key terms used throughout the agreement

4. Living Arrangements: Details of separate living arrangements and property occupation

5. Division of Property: How marital assets will be divided between parties

6. Financial Responsibilities: Division of debts, expenses, and ongoing financial obligations

7. Governing Law: Specification of state law governing the agreement

8. Execution: Signing requirements and effective date

Optional Sections

1. Child Custody and Support: Required if the couple has minor children - includes custody arrangements, visitation schedules, and support calculations

2. Spousal Support: Terms of alimony or maintenance payments, including amount, duration, and modification terms

3. Pet Custody: Arrangements for pet care and custody, including visitation and expenses

4. Insurance Provisions: Arrangements for health, life, and property insurance, including beneficiary designations

5. Tax Provisions: Agreement on tax filing status, deductions, and credits for future tax years

Suggested Schedules

1. Schedule A - Asset Inventory: Detailed list of all marital assets and their agreed values

2. Schedule B - Debt Schedule: List of all joint and individual debts and responsibilities

3. Schedule C - Child Support Calculations: Detailed calculations of child support obligations based on state guidelines

4. Schedule D - Parenting Plan: Detailed schedule of custody arrangements and visitation

5. Schedule E - Property Valuations: Professional valuations of significant assets

6. Schedule F - Insurance Policies: List of all insurance policies and beneficiary arrangements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Industries

State-Specific Family Law: Core state legislation governing separation agreements, including state-specific requirements for legal separation and recognition of separation status. Note that requirements and recognition vary significantly by state.

Property Division Laws: Legal framework for dividing property, including distinction between community property and equitable distribution states, definitions of marital versus separate property, and requirements for property valuation.

Child-Related Laws: Legislation including the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), state-specific child support guidelines, best interests standards, and regulations regarding parenting time and visitation.

Spousal Support Laws: State-specific guidelines governing alimony duration and amounts, including tax implications (particularly post-2019 changes) and provisions for future modifications.

Federal Laws: Relevant federal legislation including Social Security benefits considerations, ERISA for retirement accounts, COBRA for health insurance continuation, and QDROs for pension division.

Tax Considerations: IRS regulations regarding support payments, property transfer tax implications, and options for filing status during and after separation.

Debt Division: Legal framework for allocating joint debts, including considerations for joint liability, credit card debt allocation, and mortgage responsibilities.

Insurance Considerations: Legal requirements and considerations for health insurance continuation, life insurance requirements, and property insurance obligations during separation.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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