Are Separation Agreements Legally Binding in Maryland?

In Maryland, couples are either divorced or married. There is no legal status that is referred to as a “legal separation.” Instead, when a couple does not believe they will be able to reconcile, they may enter into a private agreement to live apart. These agreements are referred to as marital settlement agreements, separation agreements, or property settlement agreements. If the couple ultimately seeks a divorce, this the separation agreement is incorporated but not merged into the parties’ Judgment of Divorce, and the case is considered to be uncontested.

What Things Are Included in a Separation Agreement?

A separation agreement will often include the following information:

• A custody schedule for the children. 
• How much child support will be paid by one party to the other. 
• How much, if any, alimony is paid by one party to the other. 
• How will property be divided when the spouses are living apart.

However, remember that a separation agreement will not end a marriage or make it possible for an individual to remarry. If you want to know more about the benefits of having a separation agreement, consider reaching out to an experienced Maryland family law attorney to help you better understand separation agreements and what legal options you have when negotiating the terms. 

How Do You Enforce a Separation Agreement?

If a person violates a separation agreement, the other individual may pursue legal action. Because a separation agreement is a contract between the spouses, and if one of the spouses violates it, the other can bring file to enforce the terms of the separation agreement. 

In addition, upon the request of a party, the Court may modify certain sections of a separation agreement, such as custody , and child support based upon the best interest of the children. 

Creating a Separation Agreement

While parties can create a separation agreement without the help of lawyers, it can be risky. Without understanding their legal rights, the parties may end up with a separation agreement that results in issues in the future or fails to address all the issues in their divorce..  

Before creating a separation agreement, it is best to consult with an experienced Maryland family law attorney. An attorney at Rice Law can not only help you prepare a separation agreement, but can also review whether it is reasonable and fair, for you and your children. 

Contact Rice Law Today and Speak with an Experienced Family Law Attorney 

At Rice Law, our experienced family law attorneys can help you prepare a separation agreement. We can provide guidance on the most favorable terms for your custody case, assess your assets and debts, analyze complex income or property cases, and help you reach the best possible settlement. More importantly, we can help you navigate the intricacies of Maryland law while safeguarding your rights and best interests.

If you are going through a divorce or want assistance with your separation agreement, 

contact Rice Law today and go over your questions with a member of our team.