How to draft a separation agreement in Massachusetts

by

At a minimum, a Separation Agreement must make provisions for at least 11 important areas including, but not limited to:

  1. Division of any and all real estate in the possession of either party, whether acquired before or during the marriage, including after separation
  2. Division of any and all personal property in the possession of either party
  3. Division of all debts in the name of either or both parties, whether incurred before or during the marriage, including after separation
  4. Alimony, or waiver thereof, by one or both of the parties
  5. Health Insurance coverage with respect to each of the parties

If there are children of the marriage, the agreement must also make provision for the following:

6. Legal custody
7. Physical custody
8. Visitation
9. Child Support
10. Health Insurance coverage for child(ren)
11. Uninsured medical and dental coverage of the child(ren)

Your agreement must address whether you want your agreement and its provisions to be incorporated and merged into the judgment of divorce, or incorporated but not merged, to remain as an independent contract.  This choice will effect how the terms of the agreement may be modified or enforced.

You are STRONGLY advised to consult with an attorney before entering into any Separation Agreement.

divorce advice ma

Divorce Advice MA That May Save You Thousands of Dollars

Author: Amy Saunders, Esq.

Divorce Advice MA That May Save You $$$$ Thousands by Attorney Amy Saunders Everyone considering or filing for a divorce should consider these points. These are all based on real experiences with my clients — which are being passed along…

(Read More)
nesting and divorce

When Parents Divorce, the Children Get the House

Author: Amy Saunders, Esq.

By NINA SOVICH, Wall Street Journal A common Sunday night ritual for children whose parents are divorced is packing up the schoolbooks and soccer cleats for the weekly trek to mom or dad’s house. In a flip, some divorced…

(Read More)
Warning Signs of Divorce

9 Signs It’s Time to Get a Divorce

Author: Amy Saunders, Esq.

9 Signs It’s Time to Get a Divorce by Lauren Brown West-Rosenthal Published in Redbook Magazine (Images designed by Megan Tatem) to read the original article on the redbook website. Is it time to walk away? The reasons…

(Read More)