Separation Agreement – Glossary

Probate & Legal

A written contract between divorcing spouses covering property division, spousal maintenance, and child support that becomes enforceable once approved by the court.

A separation agreement is a written contract between spouses. It resolves financial and family issues from a divorce, legal separation, or annulment. Arizona law (A.R.S. § 25-317) encourages these agreements to promote amicable settlement.

What the Agreement Covers

A separation agreement can address the division of property owned by either spouse. It can set spousal maintenance for either party. It can also cover child support, legal decision-making, and parenting time. The agreement may state that maintenance terms cannot be changed after the decree. That locks in the support arrangement permanently.

Court Review and Enforceability

The court does not automatically approve every separation agreement. It reviews property and maintenance terms for fairness. The court considers the economic circumstances of both parties. Child-related provisions must be reasonable. Once approved, the agreement becomes part of the final decree. It is then enforceable like any court judgment, including through contempt. After the decree, property and maintenance terms generally cannot be changed.