Separation and Support Agreement including Property Settlement
and Support and Joint Legal Custody of Children
Agreement made on the (date), between (Name of Husband) of (street address,
city, state, zip code), referred to herein as Husband, and (Name of Wife), of (street
address, city, state, zip code), referred to herein as Wife.
Whereas, the parties were married on (date of marriage), and the marriage still
subsists; and
Whereas, (Number) of children were born of the parties' marriage; namely, (list of
names of children) born (list of dates of birth of children), and
Whereas, irreconcilable differences having arisen between the parties, the
parties have been living separate and apart and intend to dissolve the marriage
between them, and
Whereas, the parties desire to enter into an Agreement dealing with the custody,
care and timesharing of their children, and to define their respective financial and
property rights, together with all other rights, remedies, privileges and obligations which
have arisen out of their marriage. The parties agree that their future relations shall be
governed and fully prescribed by the terms of this Agreement, and
Whereas, the parties have each participated in the negotiation of this Agreement
with the assistance of counsel, and freely and voluntarily entered into it. Each party is
satisfied with all disclosures, financial and otherwise, made by the other during the
course of their divorce proceeding and desire to incorporate into this Agreement all
resolutions made in connection with their negotiations, and
Whereas, the parties have each been represented by independent counsel of his
or her own choice, Husband being represented by (name of Husband's attorney), with
offices located at (street address, city, state, zip code), and Wife being represented by
(name of Wife's attorney), with offices located at (address of Wife's attorney), and each
party represents that he or she is satisfied with the services rendered by his or her
respective counsel;
Now, therefore, for and in consideration of the mutual covenants contained in this
agreement, and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties agree as follows:
1. Custody and Timeshareing
A. Custody. The parties shall have joint legal custody of the unemancipated
children born of the marriage, namely (list of names of children), with Wife having
primary residential custody. The parties agree that on all matters of importance
concerning the health, education, and welfare of the children, they will confer with
each other with a view to adopt and follow those policies which are in the children
best interests. If the parties cannot mutually agree on any issue concerning the
children, then the issue shall be submitted to their respective counsel to assist in
the resolution of same. If counsel are unable to facilitate the resolution of the
dispute, then the matter shall be submitted to a mediation program in the county
in which the children reside for resolution. If mediation is unsuccessful and the
parties still disagree as to a resolution, then either party may submit the dispute
to a court of competent jurisdiction for resolution. Except in cases of emergency,
neither party shall make any unilateral decision with respect to any of the above
matters relating to the children without first conferring with the other. The parties
shall communicate with each other on a regular basis concerning their children’s
health, education and welfare, and will share and make accessible to each other
all school and medical reports and such other documentation of like kind and
character which may come into their possession. Each shall permit and
encourage communication by the other with teachers and school personnel
regarding each child's educational progress. Each party has an affirmative duty
to promptly notify the other of illness or of such other significant and important
matters affecting the children’s health, education and welfare.
B. Timesharing. Husband shall have broad, reasonable and liberal
timesharing with the minor children’s at times and on dates to be agreed upon by
the parties. At a minimum, however, Husband shall have time with the children
every other weekend commencing at approximately (time of day) on (day of
week) and continuing until approximately (time of day) on (day of week), and
every (day of week) between the approximate hours of (time of day) and (time of
day). Additional timesharing shall be scheduled to include extended blocks of
time, including, but not necessarily limited to, consecutive days or weeks during
summer recess and school holiday weeks (e.g., Christmas, mid-winter and spring
recesses, etc.). Notwithstanding Husband's broad, reasonable and liberal
timesharing, Husband shall have time on every Father's Day and his birthday,
and Wife shall have every Mother's Day and her birthday. The parties agree to
cooperate relative to a fair allocation of timesharing on the children’s birthdays
and all holidays. Wife agrees to cooperate with facilitating the transportation of
the children to and from all timesharing with Husband. If Wife relocates with the
children (see Paragraph C below), then the issue of Wife's sharing in the
transportation duties shall be revisited. Wife further agrees to notify Husband
when she cannot personally care for or supervise the parties' minor children for
any overnight period of time. In this event, Husband shall have the option to care
for the children until Wife can resume her personal supervisory role.
C. Relocation. The parties agree that each shall inform the other with
respect to any change of residence concerning himself or herself or the minor
children for the period of time in which any provision contained in this Agreement
remains unfulfilled. In no event shall Wife relocate with the minor children,
without first providing reasonable notice to Husband, a distance greater than
(number) miles radius from Husband's residence, or outside the State of (name
of state).
D. Alienation of Affections. Neither party shall do anything to alienate the
children’s affection for or color the children’s attitude toward the other party. The
parties shall cooperate in every way to help the children better adjust themselves
to the circumstances as they now and may in the future exist. The parties agree
to conduct themselves in a manner that shall be in the children’s best interests,
and neither shall do anything which shall adversely affect the children’s morals,
health or welfare. The parties specifically agree that, except if consent to the
contrary is obtained from the other, neither will cohabit with or permit an
unrelated individual of the opposite sex to sleep with him or her during those
periods when the children are in his or her physical custody.
2. Support, Maintenance and Education of Unemancipated Children
A. Child Support. Commencing on the effective date of this Agreement,
Husband agrees to pay to Wife child support of $________ per week, which sum
shall be inclusive of any possible daycare costs, lessons and the children’s other
expenses.
B. Support Reduction. The child support shall be subject to reduction during
any period in which at least one of the children is enrolled full-time in an
accredited postsecondary school and where he/she resides away from his/her
principal residence. The parties further agree that during any period of time when
the children are in Husband's physical custody for a period of time lasting at least
(number) consecutive days, Husband's obligation to pay to Wife child support
during such period shall be reduced by ____% of the amount he may at such
time be paying.
C. Cessation of Child Support and Emancipation. Husband's obligation to
provide child support, together with payment of any and all other child-related
expenses referenced in this Agreement, except as may be otherwise set forth in
this Agreement, shall terminate upon the first to occur of the following events:
1. Wife's death;
2. Husband's death;
3. The child's death; or
4. The child's emancipation. The term emancipation shall be defined
for purposes of this Agreement as the first to occur of the following:
a. The child's reaching the age of 21 years, graduation from
high school or graduation from a postsecondary school, including
four years of college where the child has attended on a continuous,
uninterrupted basis (except for normal school breaks) after
graduation from high school, whichever shall last occur;
b. The child's marriage (even though such marriage may be
void or voidable and despite any annulment of the marriage);
c. The child's entry into the military or armed forces of any
country; or
d. The child's obtaining of full-time employment, but excluding
full-time employment during normal school breaks while the child is
pursuing a regular course of academic study.
D. Health Insurance and Medical Expenses.
1. Health Insurance. Husband agrees to provide health insurance
coverage for the benefit of the unemancipated children of the marriage in
the same manner and form as existed during the parties' marriage.
Husband's obligation in this regard shall abate at such time as the children
are emancipated.
2. Unreimbursed, Uncovered Expenses. Subject to Subparagraph 1
above, the parties agree to share equally the payment of any uncovered
health-related, unreimbursed health related expenses incurred on behalf
of the unemancipated children. The health-related expenses shall include,
but not be limited to, medical, dental, hospital, optometric, orthodontic, and
prescription drug expenses. The parties agree not to incur any
extraordinary or potentially uncovered expense on behalf of the children,
such expense to be defined as one equal to or greater than $_________,
except in the case of emergency, without first obtaining the other's
consent after conferring with and allowing the other an opportunity to
determine the necessity for the treatment, to obtain a second opinion if
necessary, and to otherwise question the reasonableness of the cost. The
parties agree that neither shall unreasonably withhold his or her consent in
this regard. If either party incurs any nonemergency extraordinary or
unreimbursed, uncovered expense without first obtaining the other's
consent, then the incurring party shall be solely responsible for the cost of
the uncovered expense and agrees to defend, indemnify and hold the
other harmless in connection with any liability on the uncovered expense.
E. Postsecondary School Education. Husband and Wife shall each
contribute toward their children’s postsecondary school education costs and
expenses, including, but not limited to, tuition, room, board, miscellaneous school
fees, books, transportation, and any related costs and expenses, consistent with
each party's then ability to pay. The parties shall actively consult with each other
and with the children with a view toward providing the children with the best
education possible in view of his or her particular circumstances, educational
abilities and desires, and the parties' then existing financial ability. The parties
further agree that they shall encourage the children to apply for grants,
fellowships and scholarships, and, if deemed financially necessary by either
party, to apply for loans and other financial assistance to assist in defraying the
cost of his or her education.
F. Life Insurance. Husband agrees to maintain a policy of life insurance in
the amount of at least $__________, naming the children as irrevocable
beneficiaries and Wife as trustee of the policy. Husband's obligation to provide
life insurance shall abate upon the children’s emancipation as defined above.
3. Spousal Support
A. Alimony. Subject to Paragraph B of this Section, commencing on the
effective date of this Agreement, and for a subsequent term of (number) years
after such date, Husband agrees to pay to Wife alimony of $__________ per
week. Wife acknowledges that Husband has given to her a credit of $_________
against his $_____________ premarital money investment in the marital
premises (below described), in further consideration for the alimony terms set
forth in this Section.
B. Cessation of Alimony. Husband's obligation to pay alimony as set forth
in this Agreement shall irrevocably terminate upon the earliest to occur of the
following events:
1. Wife's death;
2. Husband's death;
3. Wife's remarriage;
4. Wife's residing with an unrelated person, or vice versa, regardless
of the financial arrangements between them; or
5. The last week in which alimony is payable under this Agreement
pursuant to Paragraph A of this Section.
C. Health Insurance. The parties agree that each shall obtain and provide
for his or her own health insurance coverage. To the extent that Husband's
insurance plan provides for health continuation coverage benefits for Wife's
benefit, Husband agrees to cooperate insofar as providing Wife with the
appropriate conversion documents. The parties further agree to each pay and be
responsible for the payment of his or her own health insurance premiums and his
or her own unreimbursed, uncovered health-related expenses, and shall hold the
other harmless in connection with any liability for the same.
4. Equitable Distribution
A. Real Estate
1. Address of Real Property. The parties are presently vested with
legal title to real property located at (street address, city, state, zip code),
(the Marital Premises), which was used by the parties as their principal
marital home. Husband agrees to convey to Wife as soon as possible any
and all right, title and interest he may have in and to the marital premises.
The conveyance shall be by a (e.g., warranty or quitclaim) deed, which
shall be accompanied by a Certificate of Title from the attorney of Wife.
Upon the conveyance, Wife agrees to assume full responsibility for the
payment of all expenses and obligations incident to owning the marital
premises, and further agrees to defend, indemnify and hold Husband
harmless in every way concerning same. Commencing with the effective
date of this Agreement, and each subsequent year, Wife shall be
permitted to take all relevant real estate related tax deductions (e.g.,
mortgage interest, real estate taxes, etc.) on her federal, state and any
other income tax return.
B. Lump Sum Payment. In further consideration for Husband's traceable
premarital investment in the above described Marital Premises and for acquiring
Husband's interest in the Marital Premises, Wife agrees to pay to Husband a
lump sum of $________. To effectuate this lump sum payment, Wife agrees to
pay to Husband $__________ upon the execution of this Agreement, and
$__________ upon the first to occur of the following contingencies:
1. Wife's remarriage;
2. Wife's refinance of the presently existing mortgage;
3. Wife's sale of the marital home; or
4. (Number) years from the date this Agreement is fully executed.
To secure Husband's $____________, Wife agrees to grant Husband a
mortgage on the Marital Premises in that amount. The mortgage shall be given
contemporaneously with Husband's conveyance of his interest in the Marital
Premises to Wife. Husband agrees to execute a mortgage discharge u