We have decided to end a 16 yr marriage. We have been living apart in the same house for 8 months separate bedrooms etc. My spouse stated we should do a separation agreement so we would both be protected. I sent a draft of a separation agreement to my spouse, it was pretty straight forward 50/50 on property , financial obligations and custody of our only child with no alimony. We both own houses financed in our individual names but deeds list both of us. My spouse has been renting their house for many years and I have no part of the income or debt. I have been paying the mortgage on the family home since I purchased it. My spouse after receiving the separation agreement has decided not to sign instead they have decided to sell the rental and buy another house and move out of the family home. If they refuse to sign the sep agreement and move out how does that affect me moving on with my life or do I have to wait until the year of separation is up and a divorce is finalized. I’m not looking to get back at my spouse just want to move on. Any suggestions?
If you and your spouse cannot agree on the terms of a separation agreement (a contract), then you may need to file an action in court for equitable distribution (property division), child custody, child support, and alimony/post-separation support (if needed). You may want to do this now as I would not advise that you wait until the absolute divorce is finalized. This is because once the absolute divorce is granted, you are barred from filing an equitable distribution claim with the court, which means you would no longer have the court’s assistance in the division of marital property and assets.