Some couples choose to get separated before they file for divorce. If you plan to live in separate homes while married, or are in the process of dividing your assets, debts, and home in preparation for divorce, it is important to speak to a qualified family lawyer like Sandy B. Becher, PA in Miami, Florida. Your separation agreement should generally address all the issues you would address during a divorce. In fact, it may be even more important to have a legal separation agreement in place if you don’t plan to get divorced right away because any financial decisions your former partner makes during your separation could have legal and financial implications for both parties. Any debts your partner acquires, any purchases you make, and any appreciation in value of your assets could be considered marital property during your divorce. Protect your rights. Speak to the separation agreement lawyer in Miami, Florida at Sandy B. Becher, PA. The choices you make regarding your children, your family home, your assets, and your debts during your separation can impact how your divorce agreement will proceed. Consider your rights. Speak to Sandy B. Becher, PA a separation agreement lawyer in Miami, Florida today.
What Should Be Included in a Separation Agreement in Miami, Florida?
In many ways, your separation agreement should look much like a divorce agreement. In fact, the decisions you make as you separate can impact your divorce. You should include a parenting plan if you have children and include information about how debts and assets will be divided. Child support and alimony should be considered. Failing to address any of these issues can have major implications for your divorce. For example, if you leave the marital home without a parenting plan, your ex could later claim you abandoned your children, which could impact your visitation time later. If you leave the marital home without a clear agreement about how this asset will be divided during divorce, your rights to the marital home could be impacted. Furthermore, separating without clearly dividing bank accounts and debts can lead to problems later, especially if one or both parties make money separately, make separate purchases, or acquire additional debts during or after the separation.
What should you include in your separation agreement?
- A parenting plan. The parenting plan should include shared parenting time, information about how parents will communicate and make decisions on behalf of the children, and include information about how children will be transported to each parent’s home. Your parenting plan should be as detailed as it would be if you were to get divorced. Children need stability, and a detailed parenting plan will ensure that your children will enjoy continuous stability when and if you do file for divorce.
- Details about who will reside in the marital home. It is important to consider what you can and cannot afford and determine whether the home will be sold, be kept in the name of both parties, or if one person will assume responsibility for the marital home.
- Outline how marital assets and debts will be divided. It is often best to divide bank accounts, debt accounts, and assets before you separate. This way, you and your ex can start building independent financial lives.
- Make decisions about how retirement accounts and medical insurance will be handled. If you plan to continue to stay married, your ex may still be entitled to receive medical insurance under your work plan. Retirement accounts can be divided during your separation, but it is important to talk to your divorce lawyer because failing to divide these accounts to the letter of the law can leave you or your ex with significant tax burdens.
- Agree on alimony and child support. If you will be living in separate homes, the children will need to be supported. Child support agreements should be resolved during your separation. If alimony is required, it should be sought during your separation agreement as well.
Are you considering getting separated? A separation can be just as complex as divorce. It is important to speak to a divorce lawyer like Sandy B. Becher, PA in Miami, Florida as soon as possible.
Should I Get Separated Before Divorce?
Because separation can be just as complex as divorce, why would some couples choose to separate rather than get divorced? Some couples want to test out separation before taking the step to divorce. Others may enjoy financial benefits by staying married, like allowing a shared retirement plan to mature or allowing their former spouse to have access to health insurance, while he or she finds her own insurance plan or job with insurance. Others may choose to separate legally rather than divorce to continue to access tax benefits or other government benefits. While financial considerations are real, it is important to understand the legal consequences of choosing to separate rather than get divorced. In some cases, a separation allows you to work through all the financial, legal, and child custody questions before you file for divorce. A qualified family lawyer like Sandy B. Becher, PA in Miami, Florida can help you understand the legal risks posed by separation, and help you navigate your separation and divorce.
While Florida does not recognize legal separation, the courts will honor a legal separation agreement as a binding legal contract. This means that the financial, legal, and child custody decisions you make should be honored by the court. However, it is important to get this document properly written and notarized, and to ensure that the language is legally binding. A separation agreement lawyer in Miami, Florida, like Sandy B. Becher, PA can assist you with your separation agreement today. Contact us now.
