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mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 518
Experience:  Attorney with 13 years experience.
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Im trying to put together a separation agreement between my

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I'm trying to put together a separation agreement between my husband and I. We verbally agreed to separate last October, and because of financial difficulties we must live under the same roof, just in separate bedrooms/bathrooms. We also run a glass studio together (the business is in my name and it is a DBA). So I have 4 questions:

1. I understand that according to Illinois law, we are required to live apart for 6 months before a divorce is granted. Can I state in the separation agreement that until we are financially able, we have to share the living space?

2. Since we both run the business and we generate one income from that business, I want to state that all income generated from the business will continue to be shared until we are divorced. Am I correct in assuming that that will eliminate either party from receiving alimony during the separation? And how do I state that neither party will receive alimony after the divorce, or is that determined in the divorce decree?

3. When we verbally agreed to separate back in October, we agreed to allow each the freedom to see/date other people. Can I state this in the separation agreement?

4. Once this is written and my husband and I have agreed to the terms of the separation, I know we need to have it notorized, correct? And then do I take it to the county clerk to be filed or do I require an attorney to do this for me? I do have access to an attorney who will at least look the agreement over to make sure I've covered everything.

Thank you in advance for your help!

mmdesq :

1. It is possible to live separate and apart under the same roof in order to trigger 6 month window to begin running. You must assert you are no longer living as husband and wife. No shared finances, cooking, laundry, recreation, etc. Separate bank accounts is a good way to establish this. Separation of finances is often as important or more important than when you stopped sharing a bedroom.

mmdesq :

2. You can state in the agreement that all net income from business will be shared equally. I would then recommend dividing it into separate accounts. If income is equal this will help greatly eliminate argument for alimony. You can include language that state both parties are financially stable based on their income and neither party seeks or desire support from the other in the form of alimony or otherwise. Each party specifically waives their right, claim or entitlement to alimony or support in any form from each other.

mmdesq :

3. Yes. This is called a non molestation agreement. Basically each party agrees to leave the other alone and stay out of each other personal lives.

mmdesq :

4. Yes, I would have it notarized. Yes it is filed with the court. No you do not have to have attorney file. Most county courts have law libraries. Generally, the law library will have form books with boilerplate agreements for your state on all kinds of topics. I would recommend calling the court and finding the library. Go there and say your are looking for Post Nuptial Agreement (PNA) Forms. This will then give you an idea of what it should look like and the language to use. You can probably use 80% and then modify it to specific to your agreement. This will also help ensure you cover everything. Your agreement should cover, assets, support and debts. Identify all assets (house, cars, retirements, bank acts, business and say who gets what. Waive all support/alimony and then id and divide debts.

mmdesq :

Good Luck.

mmdesq and 3 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.

All of your answers help a great deal! Thank you so much for your help.

I m not sure if you have another question or if the system assumed your good bye response was another question. If you do I would be happy to try to answer it. Thanks

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