Can you legally separate but still live under the same roof with separate assets?
Full Question:
Answer:
Without being incorporated into a divorce decree, a separation agreement is merely a contract between the parties and won't be upheld against third parties, such as creditors until it is made part of a court order.
Where the parties intend a "separation agreement" to be incorporated but not merged in the divorce decree, the agreement remains a separate, enforceable contract and is not superseded by the decree. Whether it is to be incorporated and merged into the divorce decree is determined by the language of the agreement. If it is not, it is possible for the court to modify the terms in the final divorce order. Typically, a separation agreement that is freely and fairly made will be enforced in a divorce order.