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Is There a Difference Between a Separation Agreement and Divorce Agreement?

By , About.com Guide

Question: Is There a Difference Between a Separation Agreement and Divorce Agreement?

My wife and I have been separated for nearly a year. In our state you have to be separated for one year before you can file for a divorce. I was told by the powers that be in my state that the arrangement we came up with for our marital separation agreement will carry forth into our divorce agreement.

I pay all the bills which hasn’t been a problem because we lived in the same house. Once we are divorced and I move out if this is true, I won’t have enough to live on.

My wife is making all sorts of threats if I don’t continue to pay the same amount I’ve been paying. What can I do about this situation?

Jim

Answer:

Hi Jim,

No, it is not true unless you want it to be true. It is not uncommon for the terms of a legal separation agreement to carry over into the final divorce agreement. But, that only happens if you choose not to make changes in the divorce agreement.

In your cases your lifestyle will change once you file for divorce and move out of the marital home. These are factors the Family Court System will take into consideration if you should have to go to court. It is certainly something your wife is going to have to take into consideration when the two of you begin to negotiate your divorce settlement agreement.

You need to speak with a Family Law Attorney about your situation. I can’t give you legal advice but I feel sure an attorney will be able to help you resolve this problem.

Good luck!

Cathy

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