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Separation Agreements in North Carolina

A separation agreement in North Carolina is a legally binding document that outlines the terms and conditions agreed upon by spouses who are separating but are not yet divorced. This agreement provides a framework for resolving various issues that arise during the separation period, helping to avoid conflict and uncertainty before a final divorce is granted.

What is a Separation Agreement
A separation agreement is a written contract between spouses that sets forth the terms of their separation. It addresses a variety of important issues, including:

  • Division of Property and Assets: Specifies how marital property, debts, and assets will be divided.
  • Spousal Support: Whether one spouse will provide post-separation support or alimony and the terms of such support.
  • Child Custody and Visitation: Establishes custody arrangements, visitation schedules, and decision-making responsibilities for minor children.
  • Child Support: Outlines the financial support each parent will provide for the children.
  • Health Insurance and Other Benefits: Who will maintain health insurance and any other benefits for the family.

This agreement allows both parties to address these issues outside of court, which can be faster, more cost-effective, and less stressful than litigation.


A separation agreement can be an essential tool in ensuring a fair and structured separation process prior to divorce. Without a written agreement, spouses may find themselves in protracted legal battles, especially when it comes to property division, custody, or support.

A separation agreement provides clarity and security, preventing misunderstandings and helping both spouses move forward with a clear plan.

Navigating a separation agreement can be a complex process. It is crucial to work with an experienced family law attorney to ensure that the agreement reflects your best interests and complies with state laws.

If you are considering a separation agreement, we are here to guide you through each step. Contact us today for a consultation with our family law attorney Jake Kruger, and let us help you find a peaceful and practical resolution to your separation.