Parting ways with a spouse is never easy, even in the most amicable circumstances. Sometimes, couples recognize the need for time to live apart but are not yet ready to divorce officially. Still, important matters must be resolved to protect each party’s rights and, if there are children, to keep the children’s best interests a priority. In Texas, one way to resolve matters is through a written separation agreement. For help creating and implementing a fair written separation agreement, connect with a Texas divorce lawyer from Terry & Roberts.
Separation Options in Texas
Texas is one of six states without laws providing for a “legal separation.” However, Texas provides options other than divorce for couples who want to live separate lives. These options include:
- Temporary orders: These can temporarily settle child-related issues, use of property, debt “ownership,” and spousal support arrangements while a couple considers divorce or moves through the divorce process.
- Protective orders: These can protect spouses from abusive partners or partners who threaten abuse by forbidding the abuser to contact the other partner (and children, if applicable). It can also prevent the abuser from owning a firearm and / or engaging in other behavior, putting the former partner in potential danger.
- Suits affecting the parent-child relationship (SAPCR) cases: SAPCR cases allow judges to issue orders regarding child custody and visitation, support, and medical and dental support.
- Written separation agreements: These are legally binding contracts establishing both the rights and duties of the separated spouses.
These options produce outcomes similar to what most would expect from legal separations granted in other states.
Issues Covered in a Separation Agreement
A separation agreement covers many, if not all, of the same issues addressed in a divorce decree. The major difference is that the couple is still legally married. While a divorce decree dissolves a marital relationship and governs how the unmarried partners must manage specific matters, a separation agreement governs how a married couple living apart handles those matters.
As with divorce, the issues addressed in a separation agreement depend on the couple’s specific situation. A skilled Texas divorce attorney from Terry & Roberts will review your situation thoroughly and draft an agreement to meet your needs. Often, these agreements establish terms for managing:
- Property, by identifying communal (marital) and separate property and assets
- Use of marital property and assets
- Spousal support or maintenance – also known as “alimony” payments
- Child custody and visitation rights for the non-custodial parent
- Child support payments
- Other parent-child-related issues, such as medical, educational, and religious decisions
For the written separation agreement to be valid, a judge and both partners must sign it. Your attorney will help draft and negotiate a fair agreement and facilitate its presentation to a judge.
Securing a Written Separation Agreement Is Not Required, but Still Important
Separating couples do not need a written separation agreement to live apart. Getting the agreement is not a legal requirement, but it is a smart decision. Even couples parting on friendly terms, who initially agree on how to handle issues typically covered in the agreement, can quickly run into problems if circumstances change.
For example, if one party finds a new partner, the former spouse may become jealous and lash out by changing the informal agreement. Alternatively, one partner may find a new mate whom the other parent thinks poses a danger to the couple’s children. Without an agreement, the concerned partner has little recourse to prevent interaction between the children and the questionable person.
Other times, one partner’s financial decisions or circumstances can cause serious problems for the other. One partner may experience a job loss and accrue debt or may just run up credit card bills. Without an agreement separating property, both partners may legally share that debt. If you and your spouse are planning to separate, do not leave yourself vulnerable, no matter how civil the split may be. Instead, protect yourself, your assets, and your rights by developing a written separation agreement under the guidance of an experienced Texas divorce attorney.
Why Couples Might Choose a Separation Agreement Over Divorce
Since a separation agreement covers much of what a divorce decree does, it makes sense to ask why couples put effort into developing an agreement rather than just divorcing. There are a variety of reasons – some emotional or personal, and some financial.
Not Ready to Give Up
Some couples are not quite ready to give up on their marriage. They may use the time apart to gain distance and perspective, assessing how they feel about the relationship. Some couples may seek counseling to see if they can bring their marriage to a healthier state.
Cannot Live Together
Partners may truly love each other and want to stay married but find it impossible to live under the same roof. A written separation agreement can give these couples the chance to stay married and committed to one another while maintaining the separateness they need for a harmonious relationship.
Easier for Their Children
Couples with children may want to use the separation to transition their kids into the new family structure. Rather than saying, “we are splitting up,” they can tell the kids they are “separating, but still married for now.” This may give the children time to ease into the change.
Religious Reasons
Sometimes, religious beliefs factor into the decision. A couple may be part of a religion that does not support divorce. It may exclude divorcees from membership or participating in certain rituals. If the couple wants to maintain their religious membership, they can end their relationship in every way but legally and remain “married” in the sight of their religious institution.
Finances and Benefits
Divorce can be expensive, and for some couples, getting a written separation agreement is a more cost-effective way to leave the relationship until they can acquire the funds needed to divorce. When they are financially ready to proceed, the decisions made in the separation agreement can carry over as divorce terms, helping the couple move through the legal aspects of the process more efficiently.
Certain benefits, such as military and Social Security, remain available to divorced spouses as long as their marriage lasted at least 10 years. Other military benefits are available to those with 20-year marriages. Couples may also see lower tax burdens when they can still file joint tax returns. Further, one partner may have a plan providing coverage for both parties, and the pair agrees to stay married in the legal sense to preserve that coverage.
We Are Here to Help You Navigate Your Next Steps
Whether you are ready to divorce or just in the “thinking about it” stages, the family law attorneys at Terry & Roberts are here to help you make decisions to support your best interests. You can rely on our experienced team for compassionate, wise legal advice as you move into a new phase of life. It is easy to get caught up in the emotional chaos that often comes with the end, or potential end, of a relationship. This emotional turmoil can lead you to make rash decisions you later regret.
Protect your rights, your finances, and your future by partnering with an experienced Texas divorce attorney from Terry & Roberts. We will develop a written separation agreement tailored to your unique situation, taking some stress and uncertainty out of a trying time.