Download Maryland Marital Separation Agreement Form [PDF]

A Maryland marital separation agreement form is a legal document that enables the married couple to specify different aspects of the separation process, like child custody, spousal maintenance, and the division of marital property.

The court in Maryland is treating a marital separation agreement as any other contract because it does not recognize legal separation. Some aspects of a separation agreement could still be later incorporated into the divorce process if both spouses agree.

Is a Separation Agreement Legal in Maryland?

Yes, a separation agreement is legal in Maryland. When marriage becomes unbearable, a couple may decide to go through with a formal separation.

Laws and Legal Requirements for a Marital Separation Agreement in Maryland

The laws and legal requirements for a marital separation agreement in Maryland show alternatives and solutions available to married couples who wish to live apart. 

However, Maryland courts do not recognize legal separation, so a separation agreement form cannot be verified in court. 

According to Section 7-102 of the Code of Maryland, the court can grant “limited divorce” if one spouse has been abusive to the other spouse or their children and if spouses have begun living separately.

The court can revoke the limited divorce if both parties agree.

Signing Requirements for a Marital Separation Agreement in Maryland

The signing requirements for a marital separation agreement in Maryland usually include both spouses' signatures in writing. The notary public’s presence is not required, but it will give the document additional legal weight. 

Sometimes, it is advisable to seek legal advice before signing the document.

What Does a Marital Separation Agreement in Maryland Cover?

A marital separation agreement in Maryland covers many topics relevant to a married couple's separation process. Property issues and child support are common terms seen in the separation agreement template.

Child custody is a very important topic that should be addressed because it affects children’s lives. It not only affects their well-being but also sets responsibilities for both spouses. Additionally, a visitation schedule must be planned for a spouse who does not have custody.

In separation agreements, addressing health and life insurance provides coverage and financial stability for partners and children. 

There are also some topics that should not be included in a marital separation agreement. Typically, everything that is connected to a period after a couple's separation should not be considered.