Couples who live apart can file for a legal separation, which requires them to submit a separation agreement with the court. If the couple later decides to dissolve their marriage, they can convert the separation agreement into a divorce settlement.

Work with a Fairfield separation agreements lawyer when your marriage has broken down and you decide to live separately. Whether you anticipate the separation will be temporary or permanent, a comprehensive separation agreement provides certainty for you and your children. Reach out to us today to speak with one of our marital agreements attorneys for more information.

Separation Agreements Must Address Issues Related to the Children

Connecticut General Statutes § 46b-56 addresses the custody and support of children. Parents who live apart must develop a plan governing these issues.

A parenting plan must include a detailed schedule showing where the children will stay on which nights of the week, which parent is responsible for transportation, how the parents will handle exchanges, and similar issues. The plan also must describe how the parents will handle decision-making for the children.

A Fairfield attorney can help parents develop a separation parenting plan or review one they have negotiated together. The plan must be submitted to the court for the judge to review. A judge will not accept a plan unless they find it furthers the children’s best interests.

The Agreement Must Describe the Spouse’s Financial Arrangements

One of the challenges of separation and divorce is managing two households on the income that formerly supported just one. Couples must carefully consider how they will divide their property and support their children to provide a reasonable lifestyle to both spouses and the children.

The couples and their lawyers in Fairfield negotiate the financial terms of the separation. The agreement must address all the financial aspects of the split.

Property Division

The law requires couples to divide their property equitably. They need not achieve a 50/50 split, but the division should be fair, considering all the circumstances.

Negotiating a property settlement requires each spouse to make a complete financial disclosure to the other, including the value of their separate and marital property. The spouses then can decide on a division that makes sense for their specific circumstances.

Child Support

Connecticut determines child support by a formula that considers each parent’s income and the percentage of their combined income spent on the children. The intent is to ensure the children do not experience a significant change in lifestyle due to their parents living separately.


The separation agreement might call for alimony if one spouse is financially dependent on the other. Courts approve alimony when one spouse can demonstrate a need and the other spouse has the means to pay it.

Alimony is often for a limited duration. For example, a spouse who cares for the children full-time might receive alimony until the youngest child enters high school or a spouse might receive alimony until they have obtained a college degree.

Legal Procedures for Converting a Separation to a Divorce

Some people have religious objections to divorce. Others have financial reasons for staying legally married, such as needing health insurance or military benefits. For most other couples, if a separation does not lead to reconciliation, it usually leads to divorce.

After the couple has obtained a order of legal separation,  either spouse can apply for a divorce. They submit a petition to the court requesting to convert their legal separation to a divorce.

A separation agreement attorney in Fairfield can assist a spouse in filing the petition for divorce. If changes to the separation agreement are desired, the lawyer can request a modification with the petition.

Contact a Fairfield Attorney If You Need a Separation Agreement

Living apart requires financial adjustments and a plan to co-parent your children. A separation agreement formalizes the changes and serves as a legally enforceable blueprint for your lives going forward.

When you and your spouse decide to live apart, contact a Fairfield separation agreements lawyer. We can help you develop an agreement that works for you and your children. Call today to schedule a consultation with one of our dedicated team members.

Connecticut Family Lawyer | CT Family Law | Dolan Family Attorneys N/a
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