Post Nuptial Agreement vs. Separation Agreement
What is the difference between a post nuptial agreement and separation agreement?
Both post nuptial and separation agreements are considered types of post marital contracts because they are drawn up after a couple has gotten married; however, there are significant differences between the two. While the details of the content within each document may be similar, there is a distinct difference.
A written separation agreement pre-supposes that a couple is at the point and are sure they either no longer wish to be married, or they no more want to live together as husband and wife (but may not actually divorce).
Like with pre nups, there is usually an emotional difference within the couples when drawing up a post nup as compared to a separation agreement. In the former, depending upon the reason for the document, there is typically a sense of hope, with the couple still living together trying to work things out. With a separation agreement, it’s usually a done deal that the marriage is over and the couple needs to make arrangements on how they will proceed to live separately.
In the purest sense of the word, a separation agreement is a type of postnuptial agreement, but a legal separation document will deal with financial matters, living arrangements, child custody and child support in the “here and now” rather than in a “what if” scenario.