When a couple is unsure that their marriage is working but is not ready to file for divorce just yet, separation can be a great way to provide the time and space needed for clarity and understanding. If you are considering separation in Iowa, it is important to explore all of your options, including legal separation and a formal agreement. For more information and experienced representation, consult a Dallas County family lawyer today.

Do I Need a Separation Agreement in IA?

There is no law requiring that you create a separation agreement when separating from your spouse, though you may choose to do so anyway. While Iowa does recognize legal separation, couples are permitted and sometimes encouraged to hammer out the details on their own, especially if they are unsure of how long the separation period will last.

You are not required to legalize the separation or file a petition in court to separate. Instead, you can do so by moving out and getting separate residences, separating your bank accounts and finances, creating a child custody schedule, and implementing boundaries about communication.

Although it is not required, many couples choose to create a separation agreement anyway, as it can provide many advantages.

Why Should I Create a Separation Agreement?

Separation agreements, while not mandatory, provide significant benefits for couples, especially those who believe that their separation will last for a long time. Separation in general is beneficial as it allows you to remain married while you figure out what you want and continue to maintain your legal statuses, health insurance, tax advantages, and more.

Many couples choose not to file for separation since they do not have to and it can be time-consuming and costly. However, others appreciate the legal protections that an official agreement provides. When drafting your separation agreement, you can include all relevant topics and issues and gain clarity on your rights and obligations. The following and more are often included in separation agreements.

  • Each spouse’s right to assets and property
  • Each spouse’s responsibilities for financial obligations and debts
  • Separate maintenance, as in whether one spouse will provide financial support to the other during the separation, the duration of the support, the amount, and more
  • Child custody and visitation schedules for any shared minor children
  • Whether the noncustodial parent will pay child support to the custodial parent and how much
  • Who is responsible for household bills and expenses
  • The terms of continuing health insurance coverage
  • The residences and related responsibilities of both spouses

Separation agreements ensure that both you and your spouse are on the same page and that there will be no disputes or conflict later on. It leaves no room for “he said, she said” disagreements and allows you to move on with clarity and understanding of your rights and responsibilities.

To learn more about legal separation and your rights and options, reach out to a skilled attorney at Iowa Defenders, PLLC today.