A legally enforceable foundation for your rights, obligations, and financial future during separation and divorce.
A well drafted separation agreement can resolve most issues in a separation without going to court. These agreements allow spouses to set clear terms for property division, support, debt allocation, and sometimes custody, creating stability during an otherwise uncertain time. Because North Carolina treats separation agreements as binding contracts, the details matter and mistakes can be costly.
Speak with a Raleigh separation agreement attorney today.
What a Separation Agreement Is
A separation agreement is a written, notarized contract between spouses that outlines their rights and responsibilities after separating. Although North Carolina does not require a “legal separation certificate,” the law does require spouses to live in separate residences with the intent to remain separated.
A separation agreement can address:
- Property division
- Debt distribution
- Alimony and post separation support
- Possession of the marital home
- Division of personal property
- Child custody and visitation (optional)
- Child support (optional but must comply with state guidelines)
- Insurance and tax considerations
- Retirement and investment account division
- Responsibility for expenses during separation
When drafted correctly, these agreements create structure, prevent conflict, and reduce legal costs.
Why Separation Agreements Matter
Separation agreements:
- Establish certainty during the separation period
- Prevent disputes from escalating
- Offer private, flexible solutions not limited by court procedures
- Protect both spouses from unexpected financial exposure
- Allow property and support issues to be resolved before divorce
- Reduce or eliminate the need for litigation
- Create enforceable rights and obligations
Because they carry the same force as a contract, courts generally uphold them unless they were signed under fraud, duress, or unconscionable conditions.
The Separation Agreement Process Step by Step
1. Initial Consultation and Issue Identification
We help clients understand what a separation agreement can cover and identify key issues such as property, income, childcare obligations, and living arrangements.
2. Financial Disclosure
Accurate information is critical. This includes income, retirement accounts, debts and liabilities, real estate, business ownership, investments, and insurance coverage. Full disclosure reduces challenges later.
3. Drafting the Agreement
We prepare a detailed agreement covering all relevant issues, using clear language that minimizes ambiguity and maximizes enforceability.
4. Negotiation and Revisions
Both spouses review the terms, request changes, and negotiate details. We represent your interests during negotiation to ensure the terms are fair and sustainable.
5. Signing and Notarization
North Carolina requires separation agreements to be signed and notarized by both spouses. Once executed, the agreement becomes binding.
6. Optional Incorporation into a Divorce Judgment
Some agreements may later be incorporated into a court order during divorce. Others are intentionally kept as private contracts. We advise clients on the benefits and risks of each option.
What Separation Agreements Can Cover
Property Division
- Who keeps the marital home
- Division of bank accounts
- Distribution of furniture and personal property
- Vehicle ownership
- Division of retirement and investment accounts
Debt Allocation
- Credit cards
- Student loans
- Mortgages
- Personal loans
- Tax obligations
Support Obligations
- Post separation support
- Alimony
- Contribution to living expenses
- Insurance coverage
- Tax filing arrangements
Child Related Issues (Optional)
- Custody and visitation schedules
- Child support arrangements
- Decision making responsibilities
- Communication expectations
- Expenses for school, medical care, or activities
Agreements involving children must meet North Carolina’s best interest standards and comply with child support guidelines.
Common Mistakes to Avoid in Separation Agreements
- Signing an agreement without legal counsel
- Failing to verify financial information
- Agreeing to terms that cannot realistically be followed
- Leaving out important property or debts
- Failing to address tax consequences or retirement accounts
- Treating verbal promises as enforceable
- Rushing the process to “get it over with”
Because separation agreements often shape long term financial outcomes, careful drafting is essential.
When a Separation Agreement Should Be Challenged
Separation agreements can be set aside or modified only in limited situations, such as:
- Fraud or misrepresentation
- Coercion or duress
- Lack of capacity
- Unconscionable terms at the time of signing
- Failure to follow legal execution requirements
Courts are generally reluctant to overturn agreements unless there is clear evidence of impropriety.
Practical Benefits of a Well Drafted Agreement
- Reduces stress by establishing financial stability
- Allows spouses to resolve issues without court intervention
- Protects savings by avoiding prolonged litigation
- Provides a roadmap for the divorce process
- Offers flexibility not available through court orders
- Helps parents maintain cooperation and predictability
We design agreements that minimize conflict and protect your future.
How Kurtz & Blum Helps
Clients come to us because they want a structured, fair, and enforceable agreement—not a vague or risky document that creates future problems. We provide:
- Clear identification of all issues that must be addressed
- Detailed, enforceable contract language
- Skilled negotiation to protect your interests
- Accurate financial analysis and documentation review
- Guidance on tax, insurance, and long term implications
- Advice on whether the agreement should be incorporated into a court order
- Representation in disputes over enforceability or breach
Our goal is to help you build a strong foundation for the separation and divorce process.
Frequently Asked Questions
Do we have to be living apart to sign a separation agreement?
Yes. North Carolina requires actual physical separation.
Can one attorney represent both spouses?
No. Each spouse should have separate legal counsel to avoid conflicts of interest.
Is a separation agreement the same as a divorce?
No. It is a contract that governs rights and obligations during separation and leading up to divorce.
Can the agreement include custody and child support?
Yes, but child related provisions may need court review or future modification based on the child’s best interests.
Can we change the agreement later?
Only if both spouses agree in writing, unless the agreement is incorporated into a court order.
Talk With a Raleigh Separation Agreement Attorney
If you are preparing to separate or need to resolve financial and legal issues without litigation, a well drafted agreement can provide clarity and protection. We help clients create agreements that are fair, enforceable, and aligned with their long term goals.
Schedule a consultation with Kurtz & Blum today.
