What a Separation Agreement Can Include
A separation agreement is a written contract between spouses that covers how assets, debts, maintenance, and child-related matters will be handled during and after a divorce or legal separation. Arizona law specifically encourages these agreements to promote amicable resolution. The agreement can address the disposition of any property owned by either spouse, maintenance for either party, and support, legal decision-making, and parenting time for children.
To promote amicable settlement of disputes between parties to a marriage attendant on their separation or annulment or the dissolution of their marriage, the parties may enter into a written separation agreement containing provisions for disposition of any property owned by either of them, maintenance of either of them, and support, legal decision-making and parenting time of their children.
A.R.S. § 25-317(A)One notable provision: the agreement can include a clause stating that its maintenance terms cannot be modified. This locks in the spousal support arrangement permanently, which can be a significant planning consideration for both parties.
How the Court Reviews the Agreement
The court does not simply rubber-stamp whatever the parties agree to. It reviews the property and maintenance provisions to determine whether they are fair, considering the economic circumstances of both parties. If the court finds the agreement unfair, it can ask the parties to submit a revised version or make its own orders for property disposition and maintenance.
The terms of the separation agreement, except those providing for the support, legal decision-making and parenting time of children, are binding on the court unless it finds, after considering the economic circumstances of the parties and any other relevant evidence produced by the parties, on their own motion or on request of the court, that the separation agreement is unfair.
A.R.S. § 25-317(B)Once approved, the agreement's terms are set forth in the decree and enforceable by all remedies available for a court judgment, including contempt. Property and maintenance terms generally cannot be modified after entry of the decree, making the initial negotiation critically important for both spouses' long-term financial planning.
