What Is Legal Separation
LEGAL separations are written agreements filed with the court addressing the rights and responsibilities of a married couple while they are living apart. Issues addressed include division of assets and debts, child custody and support, visitation schedules, and alimony.
All states except Delaware, Florida, Georgia, Mississippi, Pennsylvania, and Texas recognize legal documentation of separation.
In many ways, legal separations are like getting a divorce. Why choose separation instead of divorce? Advantages of legal separations include:
* Retaining your marital status for religious reasons.
* Allowing time to live apart to decide if divorce is needed. In contrast to informal trial separations, legal separations establish how everything will be handled while the couple is apart.
* Continuing insurance benefits on your spouse's coverage. Be sure to check your policy for specific guidelines.
* Retaining certain military benefits.
* Remaining married in order to qualify for certain social security benefits of a spouse.
* Protecting your financial interests while apart, as assets and debts acquired during this time may be considered separate property.
* Continuing to file taxes jointly if beneficial.
* Converting the separation agreement to a divorce agreement if so desired.
While legal separations can protect you before getting a divorce, it can also set a precedence for the actual divorce.
In the event your divorce case goes to court, a judge would assume that if you were fine with the separation arrangements, then there is no basis to make any big changes with the divorce. Therefore, you should view the separation agreement the same way you would a divorce, and don't agree to anything that you can't live with. This is why it is so important to have your lawyer look over the agreement and discuss the implications of it with you.
You can find more legal separation information in the following articles:
• Preparing For A Divorce Or Separation
• Separation FAQs
• Temporary Support Orders
• Other Separation Articles
• Separation Agreement Handbook
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