A Connecticut divorce or legal separation is resolved either by trial or by settlement. I estimate that approximately 95% of cases end with an agreement. When they do, the terms are set forth in a document called a Separation Agreement. This Agreement is then presented to a judge at an uncontested divorce. The judge must find the Agreement to be “fair and equitable.”

The Separation Agreement really has two aspects.

The first is the “boilerplate” language contained in all Separation Agreements. For example:

  • The grounds for the divorce or legal separation (almost always irretrievable breakdown of the marriage)
  • The agreement is intended to cover all rights and obligations incident to the marriage
  • Waiver of estate claims
  • The agreement was signed voluntarily and explained satisfactorily
  • The parties believe that sufficient information was exchanged

The second is the “real meat” Separation Agreements. These are the substantive provisions specific to the case. After all, this is what the spouses are really interested in.

At a minimum, these provisions should address:

  • Alimony/spousal support
  • Custody, visitation and decision-making – often referred to as a Parenting Plan
  • Child support
  • Tax issues such as dependency exemptions, filing status and applicable deductions
  • Property distribution including personal property, bank accounts and real estate
  • Retirement accounts – IRA’s, 401ks and pensions
  • Allocation of debts
  • Health insurance for spouses and children
  • Life insurance
  • Post-secondary education expenses for children

A well-drafted Separation Agreement will address as many contingencies as reasonably foreseeable. This reduces the chance of misinterpretation and future litigation.

Please email me or call  (203) 259-5251 if you would like a review of your Connecticut divorce Separation Agreement.[/column]

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