Separation Agreements


In Maryland there is no requirement for a legal separation agreement to obtain a divorce, unless the parties are seeking to obtain a mutual consent divorce.

Agreements are used to memorialize the parties’ intent in severing their relationship and to resolve issues arising out of their marriage privately instead of through a contested divorce case.


The date one spouse leaves the marital home is the couple’s separation date.

In most cases, Maryland law requires that a married couple live in separate residences and refrain from sexual relations during the separation period.

Separation agreements can address:

  • alimony
  • custody
  • child support
  • property division
  • other issues related to the parties’ separation

These agreements are enforceable as contracts in a court of law and are incorporated into divorce decrees which are enforceable as court orders.


Separation agreements are binding contracts; you should never sign any agreement without having an experienced attorney prepare or review the agreement to ensure your needs are addressed and your rights are protected.

Our attorneys take the time necessary to consult with our clients to fully understand what is most important and, in most cases, negotiate the terms of the agreement on our client’s behalf.

By taking the time to communicate and listen to our clients, our experienced attorneys clearly understand the terms and conditions that are crucial for our clients’ future well-being.


The goal of a separation agreement is to address the dissolution of your marriage by creating a document that centers on those issues that you hold most important without leaving your fate to a judge to decide.

It is a cost-effective way to have input into the end of your marriage; however, it must be remembered that a separation agreement is a contract and you will be bound by the terms of the contract.

For a relatively low cost when you and your spouse have already reached an agreement on the terms, a FLAG attorney can provide you with feedback and assistance in memorializing your agreement that will have an impact on your life for years into the future.