Separation Agreements

Not every couple who separates is ready to divorce. Some want time apart, some have religious or financial reasons to stay married, and some want to settle the terms of a divorce before filing. A written separation agreement sets the rules while you live apart: who stays in the home, who pays which bills, how the children’s time is shared and whether one spouse will support the other. Our office drafts and negotiates separation agreements for spouses in Atlanta, Norcross and across metro Atlanta.

Georgia does not have “legal separation” as a status

Many people are surprised to learn that Georgia does not grant a legal separation the way some states do. You remain legally married until a divorce is granted. But Georgia does offer two tools that do much of the same work:

• A separation agreement, which is a written contract between spouses about how they will handle finances, property, support and children while they live apart.
• An action for separate maintenance, which asks the superior court to order support, custody, parenting time and other relief for spouses who live separately but are not seeking a divorce. The court can enter the same kinds of orders it could in a divorce, without ending the marriage.

What a separation agreement should cover

• Living arrangements: who stays in the marital home and who moves out
• Household bills: mortgage or rent, utilities, car payments and insurance
• Spousal support: whether one spouse pays the other, how much and until when
• Children: a parenting schedule, decision-making and child support consistent with Georgia’s guidelines
• Health insurance: keeping the other spouse and children covered
• Bank accounts and credit: how joint accounts will be handled and whether new debt can be taken on
• Property acquired during separation: whether it will be treated as separate or marital
• Taxes: filing status and who claims the children. The IRS explains tax considerations for people who are separating.
• Dispute resolution: mediation before going to court
• What happens if you divorce: whether the agreement becomes the settlement agreement in a divorce

Is a separation agreement enforceable?

A separation agreement is a contract, and courts generally enforce clear, fair agreements signed voluntarily with full financial disclosure. To make it enforceable as a court order, a spouse can ask the court to approve it in a separate maintenance action, or the agreement can be made part of a final divorce decree. Terms about children are always subject to the court’s review of the children’s best interests, and child support must follow the state guidelines unless the court approves a deviation.

A separation agreement signed without legal advice, under pressure, or without knowing the other spouse’s finances is open to challenge. Each spouse should have their own lawyer review it.

Separation agreement or settlement agreement?

The terms often overlap. A separation agreement governs life while you remain married and apart. A settlement agreement resolves all the issues in a divorce, including final property division, and is incorporated into the divorce decree. Many couples write a separation agreement that is designed to become the settlement agreement if they later divorce. That can make a future divorce faster, less expensive and uncontested. See our uncontested divorce page.

Why some couples separate instead of divorcing

• Religious beliefs or personal values
• Keeping a spouse on employer health insurance
• Reaching a length of marriage that matters for military, Social Security or pension benefits
• Giving the marriage time, with clear rules in place, before deciding whether to divorce
• Immigration timing, where a pending case depends on the marriage

Each of these reasons has legal consequences that should be checked before you sign. For example, separation can affect a pending marriage-based immigration case or a petition to remove conditions on residence. See our removal of conditions page.

Protecting yourself during a separation

• Make copies of financial records before you move out.
• Do not empty joint accounts or cancel the other spouse’s insurance without an agreement or court order.
• Keep a record of payments you make for the household and the children.
• Follow the parenting schedule consistently. It may become the basis for custody later.
• Be careful about new relationships. In Georgia, adultery can bar alimony even after separation, depending on the facts.
• If there is family violence, seek a protective order.

If the separation becomes a divorce

If either spouse later files for divorce, a separate maintenance order generally stays in place until the divorce court enters its own temporary orders. A well-drafted separation agreement can then serve as the starting point, or the entire agreement, for the divorce.

What to bring to your first meeting

• Recent pay stubs and tax returns for both spouses, if available
• Mortgage, lease, car loan and credit card statements
• Bank and retirement account statements
• Health insurance information for the family
• Your proposed parenting schedule and the children’s school calendar
• Any prenuptial or postnuptial agreement
• Any immigration documents if a pending case depends on the marriage

Hypothetical: A couple in Marietta married 18 years decides to live apart while they consider divorce. The husband needs to stay on the wife’s employer health plan for a medical condition. Their separation agreement lets the wife stay in the home with the children, sets a parenting schedule and guideline child support, requires the husband to pay half the mortgage, and keeps him on her health insurance. It also states that if either files for divorce within two years, the agreement will be proposed as the settlement agreement.

You can also read our divorce and family law overview and our alimony page.

This page reflects Georgia law as of November 2026. Laws and court rules change, so confirm current requirements before you sign.

How our office can help

If you are looking for a separation agreement lawyer in Atlanta or Norcross, our office can draft or review a separation agreement, negotiate terms with your spouse’s lawyer, file a separate maintenance action when you need a court order, and plan for a possible divorce.

Call us today, at (770) 840-9098 to speak with an attorney.

Disclaimer: The information on this page is for general informational purposes only and does not constitute legal advice. Every case is different and past results do not guarantee future outcomes. Results may vary depending on the specific facts and circumstances of your case.