What if my husband and I didn’t file for a separation agreement and it’s been over a year and we are ready to get a divorce? My husband wants a separation agreement so that he is protected and I do also so I’m protected as everything is in my name. He’s been paying the house payment and other things in my name since we separated, so I feel good that he will continue after the divorce, but notarized papers would help both of us feel better. does it matter that the separation agreement is coming over a year later and right before the divorce?
No, you can execute a separation agreement at any time BEFORE the divorce. You need to ensure that you have a signed and notarized agreement in place prior to filing for divorce, or you will have to include a claim for Equitable Distribution of property.
If a court enters a divorce decree you will lose your rights to have the property allocated via equitable distribution. This could be disastrous in the event your husband decides at some point down the road not to act in good faith.
Thank you very much. Good to know that I still have time!
You are welcome. I wish you all the best.