Updated January 30, 2024
A Massachusetts separation agreement is a contract between spouses who no longer wish to live together as a married couple. The term “separation agreement” in Massachusetts law has a different meaning than in other states, where it is an alternative to divorce; in Massachusetts, a “separation agreement” typically refers to an agreement prepared by a couple who does want to get divorced.
For couples that want to set out rules regarding spousal support, child custody, and, in some cases, division of property, couples should seek an order for separate support (see Separate Support Packet).
Is a Separation Agreement Legal In Massachusetts?
Yes, couples may create separation agreements, but only if they are planning to later get divorced. If couples want to establish terms for spousal support without getting divorced, they should pursue an order for separate support and maintenance.[1]
Legal Separation Requirements
- Filing Fee: $200 (divorce complaint)
- Residency: The filing spouse must have resided in the state at the time of the cause of the separation, or if not, must reside in the state for at least one year prior to filing. [2]
- Where to File: In the Probate and Family Court serving the township or county of the filing spouse.
Related Forms
Download: PDF, MS Word, OpenDocument
Download: PDF, MS Word, OpenDocument