NEW REPORT SAYS 79% OF SEPARATIONS END IN DIVORCE — CAN POST-MARITAL AGREEMENTS EASE THE PAIN?

According to a recent article published in USA Today,  a study of over 7000 individuals conducted by researchers at the Ohio State University found that 79% of marital separations end in divorce.

The study found that the average length of separations that resulted in reconciliation was two years, while the average of those ending in divorce was three years. Surprisingly, the chances of reconciliation virtually disappeared among this group beyond the three-year mark.   While many couples who  lived apart for three or more years eventually divorced, others simply continued the separation indefinitely.

The study found that women with children under 5 years old were more likely to separate from their husbands rather than to divorce immediately.

All of this means that a great number of couples either delay or forego altogether the protection of laws designed to shield them financially in the event their marriage comes apart.  These include laws governing the division of marital assets  as well as laws regarding spousal and child support.

In  a relatively new trend, some couples seriously contemplating trial separation begin the experiment by  negotiating  a formal  post-marital agreement that sets out their respective financial obligations while still legally married  and also in the event of an eventual divorce.   In this way, they are able to enter into a trial separation — or in some cases even continue living under the same roof — with the security of an agreed-upon set of rules.  This provides each of them with a degree of certainty about their financial future that would not otherwise  be possible absent divorce litigation.  With financial issues resolved, they are better able to understand the choices they face and to focus on other issues in their relationship.

Just like prenuptial agreements, post-marital agreements must meet certain standards in order to be enforceable.  These standards are governed by the laws of individual states, but certain features are universal.  First, they must be accompanied by full mutual disclosure of financial information.  Second, they must be entered into voluntarily and both parties must have had at least  the opportunity to have the agreement reviewed by independent counsel.   All courts reserve the right to review  both prenuptial agreements and post-marital agreements for fairness, but, provided there are no egregious flaws in the contract, courts generally support and enforce them as a matter of public policy.

Impending separation is not the only reason to consider a post-marital agreement.  Events such as the birth of a child, a return to school,  or the launch of a business can be good reason for couples to consider adding a post-marital agreement to their financial plan.