Charlotte Family Law Specialists
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Separation Agreements: Are They the Right Option for You?

In North Carolina, the court encourages divorcing couples to create their own separation agreements prior to divorce.

Separation agreements should include:

  • custody and support of children;
  • alimony payments;
  • plans for continuation of health insurance benefits; and
  • division of property.

This type of agreement is favored by the courts as a peaceful means for temporarily or permanently ending the marriage.

Separation vs. Divorce

If a couple decides they would like to legally separate it is usually for one or more of the following reasons:

  • the couple isn’t emotionally ready to divorce;
  • the couple may not be able to divorce due to religious reasons;
  • the couple may still want to cohabitate;
  • one spouse may need to stay on the other’s medical insurance
  • North Carolina may require the couple to be separated for 1 year before they can file for divorce; or
  • the couple may want to finalize the separation of property before beginning the process of divorce.

How Long Can You Be Legally Separated?

You can be separated for as long as you would like; there is no official timeframe. Once the agreement has been signed by both parties, it is legally binding and both parties must uphold the terms of the agreement.

Contact Krusch Law, PLLC

It can be difficult trying to determine what should be in a separation agreement, but our separation agreement attorney can help. We provide personalized counsel for every client and can guide you and your spouse in the creation of an agreement that works for both of you.

Call our firm today at (704) 343-8811 or contact us online for a free case evaluation.