What Is a Separation Agreement?

A separation agreement is a legally binding contract that outlines the rights and responsibilities of each spouse while they live apart. Unlike a prenuptial agreement, which is created before marriage and cannot cover issues like child custody or support, a separation agreement directly addresses these concerns and more.

This agreement serves as a roadmap for important matters, including:

• Who stays in the marital home and who is responsible for mortgage or rent payments.
• Division of household expenses and other financial responsibilities.
• Child custody and parenting time, ensuring both parents have a clear, structured plan.
• Child support payments, including amounts and frequency.
• Spousal support (alimony), if applicable, to provide financial stability.
• Division of marital assets and debts, clarifying ownership and obligations.

If properly drafted, a separation agreement can later serve as the foundation for a divorce settlement, making the transition smoother if the couple ultimately decides to divorce.

Do You Need a Separation Agreement in Georgia?

Unlike some states, Georgia does not require a formal legal separation before filing for divorce. However, the law does mandate a 30-day separation period after filing a divorce petition before the process can be finalized.

Because of this, formal separation agreements are less common in Georgia than in other states. However, they are still valuable in cases where:

• One or both spouses need time to determine if divorce is the right choice.
• Financial or custodial arrangements must be set while living apart.
• Religious or personal beliefs discourage divorce, but legal protections are needed.
• A structured agreement helps prevent conflicts during the separation period.