Free Pennsylvania Marital Separation Agreement

Common Questions about Pennsylvania Marital Separation

In Pennsylvania, legal separation is not an option. But an out-of-court marital separation agreement is allowed if the spouses mutually agree. A marriage separation agreement in Pennsylvania enables each spouse to consider their own needs and decide whether they want to continue living together. If one spouse does not desire a marriage separation, this can lead to marital problems and possibly litigation.

Do You Need a Separation Agreement To Separate Your Spouse in Pennsylvania Officially?

It's not mandatory to make your separation official in Pennsylvania. But it's a good idea to do so. An official separation allows you and your partner to sort out the terms after the breakup, such as custody, child support, division of assets and liabilities, and spousal support. Agreeing on these issues and putting them in writing makes it legally binding.

What Steps Can I Take If My Spouse Does not obey The Separation Agreement?

Pennsylvania marital separation law states that a marriage separation agreement is not legally binding. This means you can't get a court order against your spouse. But you can sue your spouse for breach of contract.

What Do You Need To Qualify for Child Support in a Marriage Separation Agreement in Pennsylvania?

• • The amount of time the child/children spend with each parent
  • Each parent's net monthly income
  • If there is any unpaid child care or school expenses
  • The number of children the couple has
  • Any mortgage payments due
  • The parent that takes care of the child's/children's health insurance

  Do You Qualify for Spousal Support If Separated in Pennsylvania?

  You do not need to be divorced to get spousal support in Pennsylvania. You can request spousal support/alimony when separated. In Pennsylvania, the higher-earning spouse pays spousal support.

  Can Children Decide Which Parent To Live With During Separation?

  Pennsylvania law does not grant children the right to choose which parent to live with during separation. It is the parents or the courts that decide.

  How Is Spousal Support/Alimony Amount Determined in Marital Separation?

  One standard calculation method considers expenses incurred by both parties during the marriage, earning potential after separation, and financial resources available to both spouses post-separation. Additionally, alimony payments can be adjusted if there are any changes in circumstances. For example, if one spouse earns more money than expected after their separation.

  Remember that alimony is not automatically awarded following the dissolution of marriage; either party must specifically request it through an Order for Support (OS).

  If you live in Pennsylvania and want to enter into a marriage separation agreement, you will need to fill out the separation form. Forms.legal provides all kinds of marriage separation forms. Just explore our website and download and print the free Pennsylvania marital agreement form and you are good to go. These forms are free to download and print, saving you time and money you could have spent on visiting an attorney.

  Sample Pennsylvania Marital Separation

  THIS SEPARATION AGREEMENT (the “Agreement”) dated this _____________of _____________, 20___.

  ________________
  ______________, _____________,
  in the State of Pennsylvania, _____________

  ________________
  ______________, _____________,
  in the State of Pennsylvania, _____________

  IN CONSIDERATION OF the mutual promises and covenants contained in this Agreement, and other valuable consideration, the receipt and sufficiency of which consideration is acknowledged, the Parties agree as follows:

  LIVING SEPARATE AND APART
  

  Name:	Date of Birth:
  ____________________	_____________ _____________, ____________________

  1. Regular visitation schedule:
     ______________________________________________
  2. Vacation visitation schedule:
     ______________________________________________