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What is involved in a legal separation?

Couples or individuals who are considering divorce may also want to think about the option of first getting a legal separation. This is not the same as simply separating by living in different households. A legal separation is accomplished by filing documents with the family court in your state, and it spells out the responsibilities and rights of each spouse.

Most, but not all, states recognize a legal separation. A divorce lawyer in your state can tell you whether a legal separation is an option for you.

An Agreement between Spouses

The legal separation documentation details the agreement between spouses regarding their rights and responsibilities while they're living in separate households. Issues that are typically covered include:

• Division of assets
• Division of debts and other financial obligations such as mortgage payments
• Child custody
• Child support
• Visitation schedule
• Alimony (spousal support)

Different from Divorce

If this list sounds like a list of concerns dealt with in a divorce, that's because it's essentially the same list. A legal separation is much like a divorce, but it has some significant differences. A legal separation allows a couple the time to be apart and determine whether they want to take the step of divorcing. It also has some advantages for one or both spouses:

• being able to retain insurance benefits as a spouse, including health insurance
• keeping one's marital status for religious reasons
• retaining certain military benefits
• protecting one's financial interests. Assets and debts that a spouse acquires during a legal separation may be considered separate (not marital) property
• keeping one's married status as the ten-year requirement for some Social Security benefits continues to accrue
• possible tax benefits

If a couple with a documented legal separation eventually chooses to divorce, the separation details can be revised and updated for the divorce.

Find Out More about Legal Separation

You can consult a divorce attorney in your area today and ask about your own situation ─ find out whether a legal separation might be right for you.

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