Short answer: A separation agreement is a contract between spouses who are separating that can settle property, debt, alimony, child custody, and child support. Under G.S. 52-10.1, it must be in writing and acknowledged by both spouses before a certifying officer, such as a notary, who is not a party to the contract. North Carolina has no legal separation filing; you separate by living apart, and you can file for absolute divorce after one year of living separate and apart (G.S. 50-6).
Requirements for a valid agreement
- Written and signed by both spouses.
- Acknowledged by both before a certifying officer. Under G.S. 52-10(b), that includes a notary public or a justice, judge, magistrate, clerk, assistant clerk, or deputy clerk, and the officer cannot be a party to the contract.
- Not inconsistent with public policy.
What it usually covers
- Division of property and debts, as an alternative to an equitable distribution lawsuit.
- Post-separation support and alimony, including amount and duration, or a waiver.
- Child custody schedules and child support.
- Who keeps the home and vehicles, and who pays which bills.
- How disputes will be handled later, such as mediation.
Timing matters
A separation agreement can be signed before or after you physically separate, but it is usually signed once you are living apart. Property and alimony claims that are not resolved by agreement must be filed in court before the absolute divorce is granted or they can be lost, so do not wait for the divorce to address them. Our guide to the date of separation explains why the date you separate matters.
Separation agreement or court order?
An agreement avoids a trial and keeps terms private, but it is enforced as a contract. Some couples later ask a court to incorporate terms into a court order, which changes how it is enforced. A lawyer can explain which approach fits your situation before you sign. See our separation agreements page.
Frequently asked questions
Does a separation agreement have to be notarized in NC?
It must be in writing and acknowledged by both spouses before a certifying officer under G.S. 52-10.1. G.S. 52-10(b) lists a notary public, judge, magistrate, or clerk, among others.
Is there legal separation in North Carolina?
There is no court filing for legal separation. Spouses separate by living apart. Either spouse can file for absolute divorce after one year of living separate and apart if one has lived in NC for six months (G.S. 50-6).
Can a separation agreement cover custody and child support?
Yes, agreements commonly include custody schedules and child support. Ask a lawyer how those terms can be enforced or changed later.
If you are facing this situation, call Martine Law before you sign or file anything. $50 consultation with our Director of Client Engagement. Full refund if you’re not satisfied, for any reason. We have offices in Charlotte, Raleigh, Cary, and Belmont. Call (919) 925-4613 or (704) 842-3411, or send us a message. Phones and chat are answered 24/7, with AI covering when no staff is free.
Last updated October 2026.
This page states North Carolina law as of October 2026 and is for general information, not legal advice. Reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.