Separation Agreement Effective Date


I don’t know for sure if you can do this or not…but out of curiosity, why would you want to sign and legalize an agreement that will not take affect for so long? A lot can change in 3 months…


This is her condtion she demanded if she to sign the agreement.


Then I suggest that you do not agree. Maybe I’m not seeing something, but I don’t understand why she would demand to have a separation agreement if you are not going to be separated. The date of separation is the date that you would use for filing for divorce. You can not file for divorce until you have been separated one year and one day. Why stay together for the extra time if you KNOW you are separating…? It will just prolong the whole process…just seems like it would be easier to wait to have the agreement drawn up when you actually do separate…
You do not have to have an agreement to be separated. It just normally settles things like child support/custody, ED and protects against abandonment claims.

It took my husband 3 weeks to get his separation agreement signed but the date of separation was still the date that she moved out…

EDIT: In addition to this, in the time between now and when the agreement would take place, some of the marital assets could change. That could be a positive or negative depending on how you look at it. Some things(car, home)could have more paid on, more money in the bank accounts, some things owed on could be gotten rid of, accounts jointly held could be closed. Everything depends on the date of separation.


Generally, you must separate within thirty days of the agreement will be invalidated. Even if you separate within thirty days there are some actions you can take during that period that will invalidate your agreement.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

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Can my wife and I sign and notarizes a separation agreement today, and set the separation effective date in the agreement to 3 months from now while living together these 3 months. Please Advice