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Baltimore County Family Law Attorney Blog

Baltimore & Towson Lawyer Discusses Marital Separation Agreements

Written by Amar Weisman » April 20, 2014 »

When Maryland couples voluntarily make the decision to divorce and go their separate ways, they typically begin the divorce process by separating themselves for at least a year prior to actually filing for the divorce. Some couples' separations are more "formal" than others in that some may simply choose to enter into oral agreements to live separately, while others prefer to document their decisions in writing via written separation agreements. As your Baltimore and Towson divorce lawyer will tell you, however, whenever there's a voluntary separation involved, separation agreements can be helpful in that they can be used as evidence when attempting to finalize the divorce.

What is a Separation Agreement?

Also known as "property settlement agreements," marital separation agreements are written contracts that provide specifics with respect to the rights of the parties when it comes to the custody, support and care of children (if any), the amount of alimony to be paid and the division of property during the separation period and after the finalization of the divorce.

Soon-to-be-ex couples who do not have joint debts, marital property and children might not find it necessary to create a separation agreement, particularly if they are seeking to obtain a no-fault divorce. However, as your Baltimore and Towson divorce lawyer knows, having an agreement in place will leave no doubt with respect to the specifics surrounding the dissolution of the relationship.


Some divorcing couples choose to draft their own separation agreements; however, utilizing the services of skilled divorce attorneys is always recommended because it is imperative that the parties understand their legal rights as thoroughly as possible prior to creating the agreement. Without the assistance of attorneys, the parties might ultimately create issues for themselves in the future, or they may neglect to deal with all the appropriate issues that exist at the time.

Enforcing and Revoking Separation Agreements

Individuals seeking a divorce should be aware that if they have separation agreements in place, either party can seek to have the agreement enforced or revoked.  In order to have an agreement enforced, the party who has not violated the agreement can choose to sue the violating party and allege breach of contract.

If a couple is interested in revoking a settlement agreement in Maryland, they can either create a second written agreement or they can choose to live together again as husband and wife. Please note, however, that making the decision to live together will not automatically revoke the separation agreement, but rather provide evidence of the parties' intent to do so.

How Long Do Marital Separation Agreements Last?

Separation agreements are legal documents that can bind parties for many years. The parties can make changes to the agreement if they both agree to the proposed changes, or the court can modify the agreement, as long as the document does not specify that it is not subject to court modification. Even still, courts are always permitted to make changes to separation agreements when it comes to the custody and care of minor children.

If you are interested in learning more about separation agreements and what role they play in divorces, contact a Baltimore and Towson divorce lawyer at The Law Offices of Amar Weisman, LLC today.

Call (410) 321-4994 For a Free Consultation 

Call The Law Offices of Amar S. Weisman at (410) 321-4994 to schedule a Free ConsultationThe Purpose of the consultation is to determine whether you want to retain this law firm as your Baltimore County & Harford County Family Lawyer. If you do wish to proceed, then you must pay a retainer. See Our Policy on Fees and Costs. The family firm is located next to The Circuit Court for Baltimore County, at 1018 Dulaney Valley Road, Towson, MD 21204.