Marriage Separation Agreement Template

Updated: Nov 4, 2026

What a Marriage Separation Agreement Covers

A marriage separation agreement covers how the spouses divide property and debts, who has custody of the children, how visitation works, and whether one spouse pays support to the other. Our template gives each topic its own section, so the blank PDF and the online form follow the same order.

The template walks through these parts:

• the names of both spouses and the agreement's effective date
• each child, and which parent each child lives with
• joint or sole custody, and the visitation schedule
• child support: who pays, how much, and how often
• spousal support, or a line saying neither spouse pays it
• the family home and the new address of the spouse who moves out
• debts and who pays each one
• property, accounts and insurance, and who keeps each item
• the jurisdiction clause and both signatures

Property, debts and the family home

The property section names who keeps the family home, who takes each asset, and who pays each debt during the separation. List every bank account, vehicle, retirement plan, loan and credit card so that nothing is left out. You can also say how future earnings and inheritances are treated.

Child custody and child support

The custody section of the agreement says which parent each child lives with and who makes the major decisions about the child's life, such as education and health care. Parents can share both roles, or one parent can have the child most of the time while the other visits.

Write the child support amount and the payment schedule in figures, not in general terms. In a Missouri divorce or legal separation, the agreement's terms on child custody, support and visitation do not bind the court (RSMo 452.325); other states set their own rules.

Visitation and parenting time

The visitation section gives the parent the children do not live with a clear schedule: weekdays, weekends, holidays, school breaks and birthdays. A specific schedule leaves less to argue about later. If one parent has been unsafe with a child, the schedule can limit visits.

Spousal support and alimony

Spousal support, also called alimony or maintenance, is a payment one spouse makes to the other during the separation. When they set it, spouses often look at each one's earnings, health, age, contributions to the marriage and future prospects. The agreement sets the amount and how long payments last, or says that neither spouse pays support.

Separation Agreement Example

A separation agreement example shows how specific each clause should read once the blanks are filled in: full names, real addresses, exact amounts and the dates each term starts. The short example below uses invented people and figures.

Your own terms will differ. Use the example to judge the level of detail each clause needs, not as wording to copy.

When to Use a Marriage Separation Agreement

Use a marriage separation agreement when you and your spouse live apart but stay married, whether the break is a trial separation, a permanent one, or the period before a divorce. With a marriage separation agreement, a couple stays married even if they divide their property and live apart.

Couples use one in these situations:

• A trial separation. A break from conflict or money problems gives both spouses time to cool off and decide about the marriage.
• A permanent separation without divorce. Some couples live apart for good but do not end the marriage.
• The time before a divorce. Terms you settle now can carry over into a divorce settlement later.
• Religious beliefs. Some faiths treat marriage as a union that divorce cannot end, so living apart under an agreement is the option left.
• Benefits tied to marriage. Health plan coverage, tax status and military family benefits can depend on staying married.
• Children. Parents may want to spare their children a divorce while they live apart.

If you plan to divorce later, ask a family attorney whether a period of living apart affects your timing. Before you give up benefits through a divorce, ask the plan or the benefits office what a separation changes. If you live in Minnesota, our guides to Minnesota divorce papers and an uncontested Minnesota divorce show what a later divorce involves.

When a different document fits better

A separation agreement fits spouses who live apart and stay married, but other documents fit other plans. If you have decided to end the marriage, a divorce settlement agreement sets the final terms. If you are still together and only want to settle money matters, a postnuptial agreement covers property without any plan to live apart. If you want a judge to set or approve the terms of your separation, ask a family attorney about a legal separation where you live.

Benefits of a Separation Agreement

A separation agreement gives both spouses written, signed terms for money, property and children, so each knows what to expect while they live apart. It also helps in these ways:

1. It can be temporary. The agreement does not mean divorce. It suits a trial separation as well as a permanent one, and it can say what happens if you reconcile.
2. It stays private until a court uses it. The agreement is not filed with a court unless the spouses file it or a court makes it part of a decree. In a Missouri divorce or legal separation, the agreement's terms are set forth in the decree unless the agreement provides to the contrary (RSMo 452.325).
3. It covers what you choose. You decide which topics it settles, and both spouses can change it later by signing a written amendment.
4. It saves time and money. Settling the terms together costs less than fighting over each one in litigation. Our guide to the cost of a divorce breaks down the usual expenses.
5. It prepares you for a divorce. If the marriage ends, the same terms give you a starting point for the divorce settlement.

Separation Agreement vs Divorce Settlement Agreement

Use a separation agreement while you live apart and stay married; use a divorce settlement agreement when you end the marriage. Our two templates cover the same topics, so the first can serve as a draft for the second.

If you have decided to divorce, start with our divorce settlement agreement instead. When you are ready to file, you can prepare your divorce papers online with FormsPal.

How to Prepare for a Marital Separation

Prepare for a marital separation by agreeing on the goal, making a practical plan, and settling every term before either spouse signs. Taking it in steps keeps the agreement complete:

1. Agree on the goal. Decide whether you want a trial break, a permanent separation, or a first step toward divorce. The goal shapes every term you write.
2. Make a living plan. Decide who stays in the family home, who moves out and when, and how you will tell your children.
3. List what you own and owe. Gather account balances, loan balances, titles and pay stubs for both spouses. List every asset and debt each spouse holds, and share the list with your spouse before either of you signs.
4. Agree on fair terms. Weigh each spouse's income, contributions to the marriage, health and age. In a Missouri divorce or legal separation, a court that finds the agreement unconscionable may ask the parties for a revised agreement or make its own orders on property, support and maintenance (RSMo 452.325).
5. Get advice before you sign. A family attorney can review the draft, and each spouse can ask their own.

Living apart does not always mean moving out. Some couples stay under one roof but keep separate bedrooms, bank accounts and bills. If you plan to do that, ask a family attorney how to show that you live separately.

Common Mistakes in a Separation Agreement

The most common mistakes in a separation agreement are vague terms, missing debts and changes nobody signed, and each one leads to arguments once the spouses live apart. Check your draft for these:

• Support amounts without a payment date or an end date
• A visitation schedule that says "reasonable visits" and nothing more
• Debts left out because only one spouse knew about them
• Assets described loosely, such as "the car" when you own two
• No address for the spouse who moves out
• Changes agreed by phone or text and never signed
• No term for what happens if you reconcile or decide to divorce
• Only one signed copy, kept by one spouse

Fix each one before signing. A clause that names the person, the amount and the date leaves little room for a later dispute.

Create a free high quality Marriage Separation Agreement online now!

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How to Fill Out the Separation Agreement Template

Fill out the separation agreement template section by section: name both spouses, describe the children and custody, set child and spousal support, divide the home, debts and property, then sign and date it.

1. Identify the parties. Start by identifying the parties to the agreement: Spouse 1 and Spouse 2. Enter each spouse's full name and address, the purpose of the agreement and its effective date.
2. Describe the children and custody. List each child's full name and date of birth. Name the parent each child lives with, or say that the children live with both, and choose joint or sole custody.
3. Set the visitation schedule. Write when the other parent sees the children, including holidays and school breaks.
4. Specify child support. Enter who pays, the amount and how often. In a Missouri divorce or legal separation, these child terms do not bind the court (RSMo 452.325).
5. Describe spousal support. Enter the amount and how long it lasts, or write that neither spouse pays it.
6. Divide the home, debts and property. Name who keeps the family home and give its full address with county, city, street and zip code, plus the new address of the spouse who moves out. Then list each debt and who pays it, each asset and who keeps it, and the insurance each spouse keeps.
7. Name the governing jurisdiction. As with other legal contracts, the governing law or laws (state and county) should be identified in your separation agreement.
8. Sign and date it. Both spouses sign and date the agreement, and each keeps a signed copy. Signing formalities differ from state to state, so ask a family attorney or your court's self-help center whether your signatures need a notary's acknowledgment before you sign. It’s important to include the date because the date of signatures is usually the agreement’s effective date.

Printable PDF or online form

The free separation agreement comes as a printable PDF and as an online form with the same sections. To fill it in by hand, print the blank PDF and write in clear block letters. Strike out any section that does not apply instead of leaving it empty, so nobody can add terms later. The online form asks the same questions one at a time and lets you save, download and print the finished agreement.

General information, not legal or tax advice.

Mara Erlach

Writer & Attorney

Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.