Separation Agreements

Separation Agreements and Texas Law

In Texas, legal separation is not recognized. Essentially, if a married couple decides to reside separately but wishes to alter their legal relationship, they must file for a divorce. Nonetheless, they can create separation agreements, which are agreements between two parties who wish to live apart but remain married. In many respects, separation agreements are similar to other marital agreements in that they permit parties to outline their rights and responsibilities, such as "post-marital" or "post-nuptial" agreements. Therefore, although they are achieved through different means, separation agreements can offer many of the same advantages as legal separation in other states.

Drafting Separation Agreements

Even though it is not necessary for couples who separate to define the terms of their separation, it is advisable to do so to avoid potential negative consequences. Texas is a community-property state, meaning that any assets or debts acquired during a marriage, including while separated, are owned by both spouses. In the event of a divorce, community property is subject to division by the court, which may not always result in a fair outcome. To prevent this, couples can enter into a separation agreement that defines any income, property, or debts acquired after the date of separation as separate property rather than community property.

Separation agreements can also be used to establish spousal maintenance obligations, which are often based on the length of the marriage. If a couple separates but does not divorce for several years, it can impact whether spousal maintenance is granted, and if so, for how long. Couples can negotiate whether either party is eligible to receive spousal maintenance and can establish the date of separation or the date of the filing of a petition for dissolution for calculating maintenance obligations.

Separation agreements can also address child-custody and child-support obligations. However, any provisions related to children will only be upheld if they are in the best interest of the children. It is crucial to understand that these provisions may not be enforceable if they are not deemed in the children's best interest by a court of law. It is essential to ensure that separation agreements are considered valid contracts under Texas law.

Speak with an Experienced Divorce Attorney

Relationships can be complex, and for various reasons, some individuals faced with marital difficulties may not wish to divorce, but do not want to continue living together. The attorneys at Wilson Whitaker Rynell have extensive experience assisting clients with the emotional and legal intricacies of ending a relationship. Our firm represents clients in divorce cases in various Texas cities, including Dallas, Austin, Houston, Fort Worth, and all cities within Dallas County, Tarrant County, Collin County, and Denton County.