Written by attorneys · grounded in primary & secondary sources — see below
A written contract between spouses contemplating or undergoing separation or dissolution of marriage that addresses the division of property owned by either spouse, maintenance for either spouse, and support, custody, and visitation of their children. The agreement promotes amicable resolution of disputes arising from the end of the marriage. Its non-child-related terms bind the court in dissolution proceedings unless the court finds them unconscionable after reviewing the parties' economic circumstances. Unless the agreement provides otherwise, its terms are set forth in the decree and the parties are ordered to perform them. If the agreement directs otherwise, the decree identifies the agreement and states that the court found its terms not unconscionable.
Sources & Authorities· 7 primary sources
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How it applies
Common Examples
6
Spouses Draft Property Division Pact
Skylar Sullivan and Simone Sanders, facing the end of their marriage, drafted and signed a written separation agreement that divided their jointly owned home and retirement accounts, set monthly maintenance for Simone, and arranged alternating weeks of custody for their two children. They submitted the agreement when Skylar petitioned for dissolution. The court reviewed the document as a valid expression of their intent to resolve all financial and parenting matters through private agreement.
Court Reviews Economic Fairness
Serena Soto and Sasha Stone presented their signed separation agreement to the court during dissolution proceedings. The agreement divided investment accounts and set maintenance for Sasha but left child support and custody for later judicial determination. The court examined the parties' respective incomes and assets and found no unconscionability, so it treated the property and maintenance terms as binding.
Unconscionable Terms Trigger Revision
Sylvia Santos and Sean Steele submitted a separation agreement that grossly undervalued Sylvia's business interests and left her with minimal maintenance. After reviewing the parties' economic circumstances, the court determined the terms were unconscionable. It directed the spouses to submit a revised agreement or face court-ordered property division and support.
Court Confirms Fair Terms
Southland Foods executives Sterling and Solstice, who were married, filed a separation agreement dividing corporate stock and setting maintenance. The court found the property division and maintenance provisions neither unconscionable nor unsatisfactory as to support. It therefore treated the agreement as controlling for the dissolution decree.
Decree Incorporates Agreement Terms
Sentinel Security owners Sasha Stone and Sylvia Santos signed a separation agreement that did not prohibit incorporation. The court found the terms fair and included the full property division and maintenance provisions directly in the dissolution decree, ordering the parties to perform them as judgment obligations.
Agreement Referenced Without Full Text
Skylar Sullivan and Simone Sanders included a clause in their separation agreement stating its terms should not appear in the decree. The court found the terms not unconscionable, identified the agreement by date and parties in the decree, and stated that it had reviewed and approved the terms as fair.
Common questions
Frequently Asked
4
When does a separation agreement bind the court in a dissolution proceeding?+
The terms of a separation agreement, except those addressing child support, custody, and visitation, bind the court unless the court finds them unconscionable after considering the parties' economic circumstances and other relevant evidence.
Supporting sources
What options does a court have if it finds a separation agreement unconscionable?+
The court may request the parties to submit a revised agreement or may issue its own orders for property division, maintenance, and support.
How are the terms of a separation agreement reflected in the final decree?+
Unless the agreement provides otherwise, its terms are set forth in the decree and the parties are ordered to perform them. If the agreement directs otherwise, the decree identifies the agreement and states that the court found its terms not unconscionable.
Supporting sources
Can parties use a separation agreement to resolve child custody issues?+
Yes. A separation agreement may contain provisions for the support, custody, and visitation of children, though those terms receive separate judicial review and are not automatically binding on the court.
Supporting sources
, incorporated in a divorce decree, that the mother would rear a daughter in the Eoman Catholic faith was unenforceable. However, the controversial condition in the case at bar is a partial…
that is binding on the couple in a divorce proceeding pursuant to G. L. c. 208, § 34. The consent form does not contain provisions for custody, support, and maintenance, in the event that…
was signed, the wife filed for divorce. In these proceedings the wife was represented by counsel. The divorce was granted, and the decree incorporated the property settlement
agreement
. At…
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