- how they will divide the marital property
- how to divide the marital debt
- how the children will be cared for
- whether there will be any alimony
Once there is an agreement on those points, the parties put their agreement in writing. That writing is a separation agreement. A separation agreement does not have to be “filed” to be valid, but sometimes separation agreements are recorded in the county Register of Deeds office.
If the the spouses cannot agree, they can still separate. This means someone has to leave the marital residence. If spouses still live under the same roof, even if they don’t sleep in the same room, that is not considered living separately.
As of October 7, 2004, you were living separate from your husband. As far as being sued, I’d have to know by whom and for what. Until the end of marriage each spouse owes the other a duty to support. Sometimes health providers try to collect from one spouse to cover treatment costs for the other, but this is fairly rare. After the marriage, a dependent spouse may get support through alimony. The amount of alimony awarded depends on the needs of the dependent spouse and the ability of the supporting spouse to pay.
A last word. All this is general advice based on the limited information you gave me. This matter is too complicated for you to try to handle on your own. You need to hire a lawyer to guide you.