In Tennessee, separation agreements are often used by couples who are considering getting divorced and want to live apart from one another. However, separation agreements are not generally required by TN law. It is crucial that you understand your legal rights and obligations when making the difficult decision to separate from your spouse. Work with a skilled Shelby County, Tennessee family lawyer to discuss your options today.
What is a Separation Agreement?
When two spouses decide to live separately and apart from each other, they may draft a separation agreement. This written contract is used to outline the important aspects of the upcoming separation and provide information about how both parties are expected to manage their legal and financial rights and responsibilities while living apart.
Important topics to be addressed in a separation agreement include how property and debts will be split between the parties, which spouse will pay child support and how much, the child custody arrangement, and if either spouse will pay alimony and how much.
Are Separation Agreements Required in TN?
No, separation agreements are not legally required in Tennessee. If two spouses want to live apart from each other for whatever reason they are entitled to and state law does not dictate that they must create a written agreement.
Legal separation is also not a requirement in Tennessee. Because the state offers no-fault divorces, if a couple wants to end their marriage all they have to do is file based on the fact that the relationship has been irretrievably broken or that they have irreconcilable differences. However, couples can file based on separation given that they have lived apart for at least two years. The only time legal separation is required is if the filing spouse is using separation as a ground for divorce.
Why Are Separation Agreements Beneficial?
Although separation agreements are not required, they can be a useful tool for couples living apart. These agreements clearly define each individual’s rights and obligations during the period of separation. They are used to state in no uncertain terms how each issue will be handled including property, debts, child custody, and financial support.
The fact that the agreement outlines all of this important information can help minimize disputes and arguments over who is entitled to what and the responsibilities expected of each spouse. It provides clarity for both parties and ensures that everyone is on the same page.
An added benefit is that if the couple eventually decides to proceed with the divorce, they can build upon the separation agreement when drafting the final divorce decree. They will already have an idea of what works for them and what they may want to change.
If you are separating from your spouse reach out to a skilled family lawyer for more information and legal advice.
