Free Sample Massachusetts Separation Agreement Template .pdf

In September 2024, the Massachusetts State Probate Court finally released a Massachusetts Separation Agreement Form Sample as a free .pdf template download that you can download here. This is significant because the Separation Agreement is the most important divorce divorce form in Massachusetts–it is the divorce agreement. The state does not require that couples use this particular form, but they can. Most importantly, it finally lets people see all the basic issues that are addressed in an uncomplicated divorce, so that they can better understand and plan for the process.

In the remainder of this blog post, I give an overview of each section of the document to give you a better understanding of what is included in a Massachusetts divorce agreement.

Limitations and warnings about trying to use this Separation Agreement yourself

Before creating your own separation agreement, understand that the decisions you make are often final and legally binding. If you have any doubts about the terms, consult an attorney. Judges might reject parts of the agreement if they deem it unfair or if they believe one party doesn’t understand the terms. Make sure you and your spouse complete your Financial Statements first; these documents help in making informed decisions for the rest of the agreement. Note that the required Financial Statement forms–Long Form or Short Form–are extremely poorly designed and confusing and difficult to fill out if you have not filled them out before before.

Basic Agreement:

Clearly outline that both parties agree the marriage is over and that the terms are mutually acceptable. This section is crucial because it establishes the legal foundation for your separation. Ensure that both parties are on the same page about living separately and that any attempt at reconciliation is off the table. It’s helpful to include the exact date when the separation officially starts, as this can affect other decisions, like property division and support. In this sample, pages 2-4 have a lot of legalities but NONE of the substantive decisions you are making. This is confusing if you are trying to do your own agreement because the practical matters, at which you are expert and which form the foundation of your agreement, are in “Exhibits A-J”, which you would normally think of as secondary. Page 3 has the very tricky distinction between being “merged” or being “incorporated”, which trips up even some lawyers.

Financial Disclosure:

Transparency is key in the separation process. Be sure to gather all necessary financial documents—tax returns, bank statements, and details of debts and assets. Each party should fully disclose their finances to avoid any potential legal disputes in the future. Keep copies of the financial disclosures and ensure both parties agree on the accuracy. Failing to disclose assets or debts could lead to the agreement being overturned later.

Property Division:

Detail all your assets and liabilities, including real estate, bank accounts, vehicles, and personal property. Make a list of who gets what and ensure that both parties agree it is fair. If you want to keep a property or a particular asset, be clear about who is responsible for ongoing payments, such as mortgage or maintenance costs. Consider dividing smaller items like household goods ahead of time to minimize conflict during the official process.

Alimony:

If one spouse is seeking alimony, include the specific amount and duration of payments. Practical tip: consult Massachusetts alimony guidelines to ensure the amount is appropriate based on the length of your marriage and income levels. If you are waiving alimony, both parties should explicitly agree to this in writing to avoid disputes later. Note that future changes in financial circumstances, like remarriage, may end alimony.

Health Insurance:

Health insurance can be a critical issue, especially if one spouse relies on the other’s coverage. Clearly state who will maintain coverage and for how long. If children are involved, make sure to include their coverage as well. It is also important to outline how any additional costs, such as deductibles or uncovered medical expenses, will be shared. If you can, get confirmation from the insurance provider about the continuation of coverage post-divorce.

Taxation:

Decide whether you will file taxes jointly or separately during the divorce year. For future filings, outline who will claim any children as dependents. This can be particularly important for tax benefits like the Earned Income Tax Credit. If there is any existing tax debt, agree on who will pay it, and document this clearly. Misunderstandings here can lead to legal and financial complications later.

Debts:

Make sure both parties are clear about who will take on which debts. If one person is keeping a joint loan, like a mortgage or car loan, make sure they refinance it into their name if possible. This helps protect both parties from future financial entanglements. List all joint and individual debts in detail to avoid issues down the line, and attach supporting documentation if necessary.

Retirement Plans:

Retirement assets, such as pensions or 401(k) accounts, are often among the largest assets in a marriage. Ensure both parties understand how these will be divided. If a division is necessary, a Qualified Domestic Relations Order (QDRO) may be needed to legally split retirement plans without penalty. Consulting with a financial advisor may help you navigate complex retirement divisions and ensure you’re maximizing your financial benefits.

Life Insurance:

Life insurance is crucial if there are ongoing financial obligations like child support. Agree on whether life insurance will be maintained and who will be the beneficiary. If you’re the one receiving support, ensure the policy covers the necessary amount until your child or children reach adulthood. Get written confirmation from the insurer that the beneficiary designations align with the agreement.

Child Custody and Parenting Time:

When outlining custody, focus on what’s best for the children. Be as specific as possible regarding parenting schedules, including weekdays, weekends, holidays, and vacations. If you expect disagreements, it may help to include a mediator clause in the agreement. Flexibility is important, but the more detailed the parenting plan, the fewer conflicts you’ll face in the future.

Child Support:

Use the Massachusetts Child Support Guidelines to determine the appropriate support amount. If you deviate from the guidelines, be prepared to explain why, as the court will need justification. If child support is being paid, include how it will be paid—directly or through wage garnishment—and ensure it’s structured in a way that’s easy to track and enforce.

Education:

Decide how you will contribute to your children’s college or vocational education. A practical tip here is to agree on a percentage contribution based on each parent’s financial situation, rather than a fixed dollar amount, which can be harder to maintain if circumstances change. Be sure to address all post-secondary expenses, including tuition, housing, and textbooks, to avoid ambiguity later.

Extracurricular Activities:

Agreeing on how to split costs for activities like sports, music lessons, and camps is important. Be specific about what types of activities will be covered and set limits if necessary. It’s helpful to also agree on a process for how extracurricular activities will be chosen, especially if one parent tends to enroll the child in many activities. Keep receipts and maintain clear communication to avoid disputes.