Separation and Support Agreement Providing for Support of Spouse
and Custody and Support of Children
Agreement made on the (date), between (Name of Husband) of (street address, city,
county, state, zip code), referred to herein as Husband, and (Name of Wife), of (street address,
city, county, state, zip code), referred to herein as Wife.
1. Statement of Marriage. Husband and Wife were married on (date of marriage), in
(name of city), (name of county), (name of state), and as a result of their marriage, they have
two children, namely (name of first child) and (name of second child).
2. Agreement to Separate. As a result of disputes and differences between Husband and
Wife, they have (been separated and living apart since (date of separation) and/or agreed to
dissolve their marriage.
3. Custody and Support of Children. Husband and Wife intend that this Agreement will
provide for the custody, visitation and support of their children.
4. Living Separate and Apart. The parties may and shall live separate and apart, each
free from all dominion, restraint and control by the other, whether direct or indirect, as fully as if
unmarried. Each party may reside at such place or places as he or she may select.
5. No Molestation or Interference. Neither party shall molest or interfere with the other
nor compel or attempt to compel the other to cohabit or dwell with him or her, by any means
whatsoever, by legal action or otherwise.
6. Division of Property. The property, both real and personal, owned by either of the
parties at the time of their marriage or subsequently acquired, separately or together, and
owned by the parties or either of them at the time of their separation has previously been
equitably divided and apportioned between them as follows: (description of real and personal
property). The parties ratify and confirm that division and apportionment.
7. Separate Property. Each party shall retain, have and enjoy, independently of any claim,
right or demand of the other party, all property of every kind, nature and description and
whatsoever situated that is now owned or held or is in the future acquired by him or her, or
stands in his or her name.
8. Release of Estate Rights. Each party releases all right to share in the estate of the
other party, or to serve as personal representative of the estate of the other party, except only
as provided by will or codicil executed after the date of this Agreement.
9. Support and Maintenance of Spouse. (Husband or Wife) shall pay to (Wife or
Husband) as and for (his or her) necessary support and maintenance, and (Wife or Husband)
shall accept in full settlement and satisfaction of (his/her) right, claim and demand for such
support, maintenance and alimony against (Husband or Wife), the following amounts: (support
schedule and conditions).
10. Debts and Obligations. Each of the parties shall pay all debts incurred by him or her
after the date of this Agreement and shall indemnify the other party against liability for the same.
(Husband or Wife) shall pay debts incurred by (him or her) or by (Wife or Husband) or by the
parties jointly prior to the date of this Agreement, including the following: (description of debts of
both parties and of Husband or Wife, along with nature of obligation and payee of each).
11. Child Custody. (Husband or Wife) shall have the sole care, custody and control of the
following named children of the marriage: (list of each child and his or her gender and age) and
the named children shall reside with (him or her). Such care, custody and control shall continue
with respect to each child until the child reaches majority or sooner becomes emancipated,
subject, however, to the visitation provisions set forth in this Agreement.
12. Child Custody – Place and Condition of Residence. (Husband or Wife) shall not
remove any of the unemancipated children to a permanent residence outside (name of state)
without (Wife or Husband)'s prior written consent or prior approval of a court of competent
jurisdiction on due hearing and notice. (Husband or Wife) and the children are now residing at
(street address, city, county, state, zip code). (Husband or Wife) shall at all times keep (Wife or
Husband) informed of the residential address of the children in (his or her) custody, and their
location during vacation and holiday periods if they will be away from their normal residence for
more than (number of days) days in succession.
13. Child Custody and Visitation Rights
A. (Husband or Wife) shall have the right to visit the children, individually or
together, at their place of residence with (Wife or Husband), at reasonable times and at
reasonable intervals; and to have the children, or any of them, accompany (him or her)
from their place of residence at reasonable times and for reasonable periods provided
that (he/she) shall not keep any of the children away from their residence later than (time
of day) on any such occasion, without (Wife or Husband)'s prior consent. (Husband or
Wife) shall have the privilege of having the children, or any of them, visit (him or her) at
(his or her) residence and stay with (him or her) not more often than (number of times
per month) per calendar month on weekends and during holiday periods for not to
exceed (number) hours.
B. During such periods when the children or any of them are with (Husband/Wife),
(he/she) may take them on short journeys as (he/she) may choose and they may desire,
provided that (he or she) shall not without the prior consent of (Wife or Husband) take
them from this state.
C. (Husband or Wife) shall make prior arrangements with (Wife or Husband) for
each such weekend or holiday visit at least (number of days) days prior to the
commencement of the visit. The rights of visitation expressed in this section shall not be
exercised by (Husband or Wife) at any time or in such a manner as to interfere with the
education and normal social and school activities of any of the children.
D. The parties may freely agree to any different arrangements for exer