Sometimes the term separation agreement describes an agreement or understanding between spouses who have separated but not yet moved toward divorce.

Sometimes the term is used in a more majoritive sense, depending upon practice and the marital agreement.

The phrase divorce agreement is normally not used because only a court can grant a divorce.

Normally, the agreement is incorporated in the judgment granting the divorce.

The agreement describes the terms and conditions for ending a marriage, and it deals with spousal and modification, dispute resolution and the designation of a state of jurisdiction.

Separation agreements are normally interpreted by the same Evidence outside the four corners, which is called extrinsic or parol evidence, is generally not considered.

An agreement is unclear when its plain meaning cannot be understood: "An instrument is ambiguous when the language is reasonably susceptible to more than one meaning," as one court said. Moreover, an agreement may be clear but not complete.

The ideal separation agreement is clear and is complete.

See also Incorporation.