Yes, in Maryland, it is possible for a married couple to privately agree and execute a Marital Separation Agreement rather than seek a Limited Divorce. In Maryland, a couple can file for a Limited Divorce or an Absolute divorce. The former is a court-approved separation of the couple, leaving them still legally married but living apart. An Absolute divorce formally dissolves the marriage and leaves each spouse single and able to remarry. A third option is to negotiate and sign a Separation Agreement. This would be done without involvement from a Maryland divorce court.

There may be several reasons why this could be advantageous. First, a privately negotiated Separation Agreement might be more cost-effective than an official court filing. In addition, since the Separation Agreement is not filed with a Maryland divorce court, the couple’s agreement remains private and confidential. Another advantage is that a private Separation Agreement can allow the couple time to work on reconciliation while, at the same time, not wasting money and time since the Separation Agreement can be used as the foundation for a Divorce by Mutual Consent and/or the time that the couple remains separated can create the basis for an Absolute Divorce based on separation.

What is a Maryland Separation Agreement?

A Maryland Separation Agreement is a written contract between spouses. The basic purpose is to state that the couple agrees to a separation, and that they plan to live apart and will not have sexual relations with one another. Further, the Agreement sets out how various aspects of the separation are to be handled. Some of the issues include:

• Child-related issues (if applicable), including physical custody, visitation, holiday schedules, etc.
• Who pays child support, how much, and other child-rearing expenses
• Legal custody matters — this includes who decides questions like schooling, where the kids live, discipline, religion, etc.
• Alimony
• How the couple will handle post-separation earnings and income
• Day-to-day issues like who pays the utility bills and what happens if bills do not get paid
• How to divide marital property like the marital home, vehicles, credit cards, financial accounts, etc.
• Who is paying insurance premiums or coverage — health, auto, life insurance, etc.
• Tax reporting questions like, “Are we filing joint returns?”
• Inheritance issues in the event of death
• Romantic relationships post-separation — is this to be considered adultery?

Are Maryland Separation Agreements enforceable?

Yes. Being written contracts between spouses, a Maryland Separation Agreement will be subject to a close reading by Maryland courts. But, absent something like fraud, duress, or unconstitutionality, Maryland courts will enforce a Separation Agreement.

Is a Maryland Separation Agreement Better Than a Maryland Limited Divorce?

Which is “better” depends on the circumstances and facts of the case. As noted, a Separation Agreement can be more cost-effective and is probably more feasible when the spouses are in near total agreement. A limited divorce may be a better option if there are significant disputes that must be resolved by a Maryland divorce court.

Contact Waldorf, Maryland Family Law and Divorce Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland family law and divorce lawyer at (301) 870-1200. We are Waldorf, MD, Divorce lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.