A marital separation agreement, also known as a property settlement agreement, is a written agreement dividing your property and resolving issues such as alimony/maintenance. A marital separation agreement may be drawn before or after you have filed for divorce — even while you and your spouse are still living together. You do not need to file the agreement with the court for it to be enforceable.

When and if you begin the divorce proceedings, you will attach the separation agreement to your divorce papers and ask the court to merge, but not incorporate, the agreement into the final judicial decree. If the marital separation agreement is incorporated into the decree, it becomes a court order and is enforceable by the court. If you do not incorporate the agreement into your decree, it simply becomes a contract or agreement between you and your spouse. The California Family Court specifically authorizes parties who are married to enter into agreements setting forth the terms of their legal separation:

§ 3580 Fam.

Subject to this chapter and to Section 3651, a husband and wife may agree, in writing, to an immediate separation, and may provide in the agreement for the support of either of them and of their children during the separation or upon the dissolution of their marriage. The mutual consent of the parties is sufficient consideration for the agreement.

Our California Marital Separation Agreement is available to you via immediate download in MSWord format, and includes a variety of options for dealing with all of the financial issues that arise in connection with legal separations and/or divorce, plus summaries of applicable California law.