Separation Agreements.
Clarity. Closure. A Foundation for What’s Next.
What Is a Separation Agreement?
A Separation Agreement is a written contract between spouses that outlines how key issues will be handled during and after a divorce. It covers:
Division of property and debts
Custody and parenting time (if applicable)
Child support and health insurance for children
Alimony (spousal support)
Tax considerations and other financial issues
Any additional terms relevant to your family (e.g., parenting communication, relocation provisions, etc.)
In an uncontested divorce, the Separation Agreement is submitted to the court for approval along with your joint petition. Once approved, it becomes part of your divorce judgment and has the force of a court order.
👉 Learn more about uncontested and contested divorce in Massachusetts.
Do We Need to Be Legally Separated?
Not in Massachusetts. Unlike some states, Massachusetts does not require couples to file for legal separation or be legally separated before divorcing. A Separation Agreement is used as part of the divorce process, not as a legal separation in itself.
However, some couples choose to create a private agreement while living separately—especially if they are not yet ready to divorce. These agreements can sometimes be enforceable depending on how they are written. We can help you explore your options based on your goals.
Why Is the Agreement So Important?
A well-drafted Separation Agreement can:
Keep your divorce out of court and reduce legal fees
Provide predictability and closure for both spouses
Create a stable plan for parenting and financial decisions
Reduce the risk of future disputes
Once the court approves your agreement, it becomes legally binding—so it’s critical to get it right the first time. We’ll make sure the agreement is fair, thorough, and enforceable.
Drafting vs. Reviewing a Separation Agreement
At Poppy Legal Group, we assist clients at all stages of the process. We can:
Draft an agreement tailored to your family, finances, and future
Review an agreement prepared by your spouse’s attorney and advise you on its implications
Negotiate terms that support your goals while promoting a respectful resolution
Help you understand what’s standard, what’s negotiable, and what may require extra attention
Even in amicable divorces, it’s essential that each spouse has the opportunity to receive independent legal advice.
Want Customization? We’ve Seen a LOT…and We’ve Got You!
One of the most powerful parts of a Separation Agreement is its flexibility. We can help you include specific terms that reflect your values, lifestyle, and long-term goals. Some examples of custom provisions we’ve helped draft:
College Expenses: Who pays what, how 529s are used, and who gets to be involved in the decision-making process.
Communication Boundaries: Guidelines for respectful co-parenting conversations—especially helpful in high-conflict cases.
Travel & Relocation: Rules around out-of-state vacations, international trips, or future moves with the kids.
Introducing New Partners: If and when it's appropriate to introduce significant others to your children (and how).
And More!!!
