Basic provisions in a marital settlement or separation agreement include:

– Set the stage: When and where married, children together, what issues you are resolving, and when everything begins.

– Separation: When, who moved out, how you will live going forward

– Children Issues: Who and how you make decisions; where the children live, parenting plan and schedule, child support and how you will share expenses for the children – daycare, health insurance, activities, camps, etc.

– Alimony and support

– Division of personal property

  1. Property in the home
  2. Bank and financial accounts
  3. Cars, boats, etc.
  4. Retirement accounts: IRA, 401k, TSP
  5. Pension accounts: to be distributed at the time of retirement

(You may, of course, waive any interest you may have in the other’s financial, retirement or pension accounts)

– Marital Home – what to do with the house – how to share costs for the home, who is living there?, etc. – Taxes : how you will file, who claims what, who pays

Putting together an agreement that protects you requires the skills of an attorney. You and your spouse/partner may be able to agree on the framework of an agreement, however, a skilled attorney can assist you in writing up the agreement and clarifying what you agreed to do, when things occur, how they occur, where they occur and what happens if they do not occur.

Please contact Oliver Leffler Law at to see how we can help you.