Should You Use a Separation Agreement or a Postmarital Agreement?

Separation agreement and postmarital agreements are both contracts made between married spouses. The key difference between these agreements is that a separation agreement is made in anticipation of an eventual divorce, while a postmarital agreement can be used by a couple that intends to remain married. There are several situations where you may want to consider either a postmarital or separation agreement, including the following: You Are Separated, But Open to Reconciliation In this situation, a postmarital agreement can be used to divide property or decide other financial issues. You and your spouse can keep your options open regarding resuming your marriage, while still settling some of your financial issues. One common term that spouses may attempt to negotiate is a waiver of the right to receive alimony. A dependent spouse may have a legal right to receive alimony, so an alimony waiver should only be signed after a careful consideration of all the facts and a…

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