Before You Sign: A well-drafted separation agreement protects both parties and can make the divorce process smoother if it comes to that. This checklist ensures you've covered all the important issues and understand what's included in your agreement.

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Financial Matters

Property Division

Agree on how marital property will be divided, including real estate, vehicles, retirement accounts, and personal property. Specify what each party is keeping.

Debt Responsibility

Clearly assign all marital debts—mortgages, credit cards, loans, medical bills. Specify who is responsible for paying and by when.

Spousal Support/Alimony NC SPECIFIC

In NC, spousal support can be awarded even during separation. Determine if support is needed, the amount, and how long it will continue.

Bank Accounts & Investments

List all joint accounts, decide how they'll be divided, and when. Include savings, checking, investment, and retirement accounts.

Taxes & Tax Returns

Agree on who claims dependents, who files taxes, and how refunds or liabilities will be handled for the separation year.

Children (if applicable)

Custody & Living Arrangements

Specify who the children will live with and the custody arrangement (sole, joint, primary residential custody).

Child Support NC REQUIRED

NC has child support guidelines based on income. Include the amount, when it's due, and how it will be adjusted if circumstances change.

Visitation Schedule

Create a detailed schedule for the non-custodial parent, including weekdays, weekends, holidays, and summer breaks.

Health Insurance & Medical Decisions

Who provides health insurance? Who makes medical decisions? How will medical expenses be covered?

Educational Expenses

Agree on responsibility for school tuition, supplies, extracurricular activities, and how these costs will be split.

💡 NC Separation Tip

North Carolina recognizes notarized separation agreements as binding contracts. You must be separated for ONE YEAR before filing for absolute divorce. A well-drafted, notarized separation agreement addressing all financial and custody issues makes the divorce process smoother and protects your interests.

Insurance & Benefits

Life Insurance

If child support is required, consider naming the children as beneficiaries on a life insurance policy to ensure support continues if you pass away.

Health Insurance Coverage

Decide how health insurance will be maintained for the spouse and children after separation.

Retirement Accounts & Pensions

Clarify whether retirement accounts will be divided and if a QDRO (Qualified Domestic Relations Order) is needed for certain accounts.

Living Arrangements & Logistics

Marital Home

Who lives in the home? How is the mortgage/rent paid? What happens to the home if it sells? When must one party vacate?

Personal Property

Divide household items, vehicles, furniture, and other personal belongings. Be specific to avoid disputes.

Pets

Assign ownership or custody of any pets and clarify care responsibilities and costs.

Legal & Administrative

Financial Claims Preservation CRITICAL

All financial distribution, equitable distribution claims, and/or alimony claims MUST be resolved through a fully executed separation agreement or a formal claim must be filed BEFORE the divorce decree is entered. If not addressed before divorce is final, these claims are waived forever.

Separation Agreement Language REQUIRED

In NC, separation agreements are contract documents. Ensure the language is clear, binding, and enforceable. Have an attorney review before signing.

Notarization REQUIRED

A separation agreement must be notarized to be valid in North Carolina. Both parties must sign before a notary public. This is a mandatory requirement.

Independent Legal Counsel

Consider having independent legal counsel for each party. This strengthens the agreement's enforceability and protects both parties.

Document Copies

Each party should keep a signed, notarized original copy. Keep in a safe place for your records.

Future Modifications

Clarify how the agreement can be modified if circumstances change (e.g., job loss, income increase, custody changes).

Ready to Move Forward?

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DISCLAIMER: This checklist is for informational purposes only and does not constitute legal advice. Separation agreements are complex legal documents. You should consult with a qualified North Carolina family law attorney to ensure your separation agreement protects your interests and complies with NC law. Balbach & Davenport Legal makes no warranties regarding the accuracy or completeness of this information.

North Carolina Separation Agreement Checklist