Free Separation Agreement Template

SEPARATION

The Parties acknowledge that they have been living separate and apart since January 15, 2026 and intend to continue living separately. Each Party shall be free from interference, authority, and control, direct or indirect, by the other, as fully as if he or she were single and unmarried. Neither Party shall molest, annoy, harass, or in any way interfere with the other, or attempt to compel the other to cohabit or dwell with him or her. This separation is based on irreconcilable differences. This Agreement addresses legal separation (or separate maintenance) and is distinct from a judgment of divorce or dissolution of marriage; the Parties acknowledge that state law on legal separation varies (e.g., California Family Code §§ 2310 and 2400-2403; New York Domestic Relations Law § 200), and that certain jurisdictions, including Texas, do not recognize legal separation as a distinct marital status. Each Party acknowledges that this Agreement is entered into voluntarily, without coercion, duress, or undue influence from the other Party or any third party, consistent with the standards articulated in In re Marriage of Bonds, 24 Cal. 4th 1 (2000), and Simeone v. Simeone, 525 Pa. 392 (1990).

VOLUNTARY DISCLOSURE AND AGREEMENT

Each Party represents and warrants that: (a) they have made full, fair, and complete disclosure of all marital and separate assets, liabilities, income, and financial obligations to the other Party; (b) they have had adequate time and opportunity to review this Agreement and to consult with independent legal counsel of their own choosing; (c) they fully understand the terms and consequences of this Agreement; (d) they are entering into this Agreement freely and voluntarily, with full knowledge of the nature and extent of the marital estate; and (e) they believe this Agreement to be fair, equitable, and reasonable under all circumstances. For any provisions modifying marital-property rights, the Parties intend this Agreement to satisfy the enforceability requirements of the Uniform Premarital and Marital Agreements Act (UPMAA) as adopted in their state of domicile, including voluntariness, full and fair disclosure, access to independent counsel, and absence of unconscionability. Each Party waives any right to claim that this Agreement is unconscionable, was entered into under duress, or resulted from inadequate disclosure.

SEPARATE PROPERTY

Each Party shall retain as his or her separate property all assets, accounts, and property currently titled solely in his or her name, together with all income, appreciation, and proceeds derived therefrom, free and clear of any claim by the other Party. From the date of separation, all earnings, income, and property acquired by either Party shall be the separate property of the acquiring Party. Neither Party shall incur any debt or obligation for which the other Party may be liable after the date of separation.

DIVISION OF MARITAL PROPERTY

The Parties agree to the following division of marital property:

(a) Marital Residence. The marital residence shall be listed for sale within ninety (90) days of the execution of this Agreement at a price mutually agreed upon by the Parties or, if the Parties cannot agree, at the fair market value as determined by a licensed appraiser mutually selected by the Parties. The net proceeds of the sale (after payment of the mortgage balance, real estate commissions, closing costs, and necessary repairs) shall be divided equally (50/50) between the Parties. Until the sale is completed, both Parties shall share equally the mortgage payments, property taxes, insurance, and necessary maintenance expenses.

(b) Vehicles. Spouse 1: 2022 Ford F-150 XLT (VIN: 1FTFW1E85NKD12345) - fully paid
Spouse 2: 2021 Honda Accord EX (VIN: 1HGCV1F34MA098765) - balance of $8,200 remaining Each Party shall be responsible for all payments, insurance, maintenance, and registration fees associated with their assigned vehicle(s) and shall hold the other Party harmless from any liability related thereto.

(c) Bank Accounts. Joint checking at First Tennessee (ending 4521): balance approx. $12,400 - split 50/50
Spouse 1 savings at Chase (ending 7890): $18,500 - remains with Spouse 1
Spouse 2 savings at Regions (ending 3456): $15,200 - remains with Spouse 2 All joint accounts shall be closed within thirty (30) days of the execution of this Agreement, and the balances divided as specified above.

Retirement Accounts. Spouse 1 401(k) at Fidelity: approx. $145,000 - marital portion (contributions during marriage) to be divided 50/50 via QDRO
Spouse 2 Roth IRA at Vanguard: approx. $42,000 - remains with Spouse 2 Any division of qualified retirement accounts governed by the Employee Retirement Income Security Act (ERISA) shall be accomplished through a Qualified Domestic Relations Order (QDRO) meeting the requirements of ERISA § 206(d)(3), 29 U.S.C. § 1056(d)(3), and Internal Revenue Code § 414(p), prepared by a qualified attorney and submitted to the plan administrator for qualification. Transfers of property between the Parties incident to divorce are generally non-taxable pursuant to IRC § 1041; the Parties acknowledge that § 1041 treatment for transfers outside an actual divorce decree is limited and agree to confirm tax treatment with their respective tax advisors. The cost of preparing any QDRO shall be shared equally by the Parties.

Personal Property. Furniture and household items divided by mutual agreement attached as Exhibit A. Each party retains personal clothing, jewelry, and individual possessions. Family photographs to be duplicated with each party receiving a complete set.

DEBT ALLOCATION

The Parties agree to the following allocation of marital debts and obligations:

Mortgage on marital home (First Tennessee, ending 8901): $185,000 remaining - joint until sale
Spouse 1 student loans (Navient): $22,000 - Spouse 1 sole responsibility
Joint Visa credit card (ending 3456): $4,800 balance - split 50/50

Each Party shall be solely responsible for the debts assigned to them and shall indemnify and hold harmless the other Party from any liability, claim, or expense arising from such debts. Neither Party shall incur any new debt or financial obligation in the other Party's name or for which the other Party may be held liable. In the event a creditor pursues the non-responsible Party for payment of a debt assigned to the other Party, the responsible Party shall immediately pay such debt and reimburse the non-responsible Party for all costs, expenses, and attorney's fees incurred.

CHILD CUSTODY AND PARENTING

The Parties shall share joint legal and joint physical custody of the minor child(ren). Both Parties shall have equal rights and responsibilities in making major decisions affecting the child(ren)'s welfare, including but not limited to education, healthcare, religious upbringing, and extracurricular activities. The child(ren) shall reside with each parent on an approximately equal time-sharing basis pursuant to a parenting schedule to be agreed upon by the Parties in writing. Neither Party shall make a unilateral decision on any major matter without first consulting the other Party and making a good-faith effort to reach agreement.

Both Parties shall refrain from making disparaging remarks about the other Party in the presence of the child(ren). Both Parties shall encourage the child(ren)'s love, respect, and affection for the other parent. Neither Party shall unreasonably interfere with the other Party's parenting time. Neither Party shall relocate with the child(ren) more than fifty (50) miles from the current residence without the prior written consent of the other Party or court approval.

CHILD SUPPORT

Amanda Lynn Carter shall pay to Michael Robert Carter the sum of 1,500.00 USD per month as child support for the minor child(ren), commencing on the first day of the month following the execution of this Agreement. Payments shall be made by direct deposit, certified check, or other mutually agreed method. The support amount is intended to comply with the applicable state child-support guidelines promulgated under 42 U.S.C. § 667. Child support shall continue until each child reaches the age of eighteen (18), or the age of nineteen (19) if still enrolled full-time in high school, or as otherwise required by applicable state law. This child support obligation is subject to modification by the court upon a material change in circumstances, including but not limited to a significant change in either Party's income, the child's needs, or the custody arrangement. Any interstate enforcement or modification shall be governed by the Uniform Interstate Family Support Act (UIFSA), 42 U.S.C. § 666(f), and the Full Faith and Credit for Child Support Orders Act, 28 U.S.C. § 1738B. In addition to the base child support amount, the Parties shall share equally (50/50) all reasonable and necessary unreimbursed medical, dental, optical, and mental health expenses for the child(ren), as well as agreed-upon extracurricular activity costs.

CHILDREN'S HEALTH INSURANCE

Michael Robert Carter shall maintain health insurance coverage for the minor child(ren) through their employer-sponsored plan or an individual policy providing comparable coverage. In the event the responsible Party loses access to health insurance coverage, they shall immediately notify the other Party and the Parties shall cooperate in obtaining substitute coverage. Neither Party shall remove the child(ren) from health insurance coverage without the prior written consent of the other Party.

SPOUSAL SUPPORT (ALIMONY)

Michael Robert Carter shall pay to Amanda Lynn Carter the sum of 2,000.00 USD per month as spousal support (alimony), for a period of 36 months or until Spouse 2 remarries, whichever occurs first. The Parties acknowledge that for any divorce or separation instrument executed after December 31, 2018, the Tax Cuts and Jobs Act of 2017 repealed Internal Revenue Code §§ 71 and 215, so alimony payments are neither deductible by the payor nor includible in the recipient's gross income. Spousal support shall terminate upon the earliest of the following events: (a) death of either Party; (b) remarriage of the receiving Party; (c) cohabitation of the receiving Party with an unrelated adult in a relationship analogous to marriage for a continuous period of ninety (90) days or more; (d) expiration of the specified duration; or (e) further order of the court. Both Parties acknowledge that this spousal support provision is fair and reasonable considering the length of the marriage, the standard of living established during the marriage, the age and health of both Parties, the earning capacity of both Parties, and all other relevant factors customarily weighed under state spousal-support statutes.

LIFE INSURANCE

Each Party who has a child support or spousal support obligation under this Agreement shall maintain a life insurance policy with a death benefit of not less than the total remaining support obligation (or a minimum of $250,000.00, whichever is greater), naming the minor child(ren) as primary beneficiary(ies) and the other Party as trustee for the benefit of the minor child(ren). Each Party shall provide proof of such insurance coverage to the other Party within thirty (30) days of the execution of this Agreement and annually thereafter. Neither Party shall cancel, reduce, or allow to lapse such life insurance coverage without the prior written consent of the other Party or court approval.

TAX MATTERS

For the tax year in which this Agreement is executed, the Parties shall file their federal and state income tax returns as Married Filing Separately. Each Party shall be solely responsible for their own tax liability. The Parties agree that the dependency exemption(s) and child tax credit(s) for the minor child(ren) shall be claimed as follows: the Parties shall alternate claiming the dependency exemption each tax year, with Spouse 1 claiming in even-numbered years and Spouse 2 claiming in odd-numbered years. Each Party shall cooperate in the preparation and filing of any joint or individual tax returns and shall execute all documents reasonably necessary to facilitate proper tax reporting.

DISPUTE RESOLUTION

Any dispute arising out of or relating to this Agreement, including any alleged breach thereof, shall first be submitted to mediation before a qualified mediator mutually agreed upon by the Parties. The cost of mediation shall be shared equally by the Parties. If mediation fails to resolve the dispute within sixty (60) days of the initial mediation session, either Party may pursue their remedies in a court of competent jurisdiction. The Parties agree to participate in mediation in good faith before initiating any court proceeding, except in cases involving domestic violence, child abuse or neglect, or other emergency situations requiring immediate court intervention.

GENERAL PROVISIONS

(a) Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, warranties, commitments, offers, contracts, and writings of any kind.

(b) Modification. This Agreement may not be modified, amended, or supplemented except by a written instrument signed by both Parties and, where required by law, approved by the court.

(c) Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such holding shall not affect the validity, legality, or enforceability of the remaining provisions.

(d) Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state in which the Parties were domiciled at the time of separation.

(e) Court Incorporation. Both Parties intend that this Agreement be incorporated into any final decree of divorce or dissolution of marriage entered by a court of competent jurisdiction. The terms of this Agreement shall survive and remain binding regardless of whether a divorce is ultimately filed or granted.

(f) Independent Legal Advice. Each Party acknowledges that they have been advised to seek independent legal counsel and have had the opportunity to do so. Each Party enters into this Agreement with full knowledge of its legal rights and consequences.

(g) Waiver. No waiver of any breach or default under this Agreement shall constitute a waiver of any subsequent breach or default. No waiver shall be effective unless made in writing and signed by the waiving Party.