Legal separation is when a couple legally separates but remains married. It’s important to note that while a couple may be legally separated, they still remain legally married – thus only allowing them certain rights. That means things like debt, property, and child support rights are still applicable, even when a couple is no longer living in the same house. This is different from a divorce, which legally and completely dissolves a marriage, freeing the couple to move on with their lives as independent individuals.
In a legal separation, couples still file taxes jointly, remain beneficiaries in each other’s life insurance policies, and can appear together in court hearings. They may also be able to file jointly for bankruptcy protections if they wish. However, a legal separation will also allow them to have separate bank accounts and to establish the rights and responsibilities for division of property, alimony, and child support.
When to Consider a Legal Separation
Legal separation is most often considered in couples who are uncertain about permanently dissolving the marriage but who need to live separately. It’s also a possible option for couples who want to try and repair their relationship, or for those who still feel attached to each other by religious beliefs or other moral values. For couples who have been married for over a decade, a legal separation can also be an attractive option as it allows for the same rights and benefits they’d receive in a marriage, without the official dissolution of the marriage.
Agreeing to Legal Separation
Just like with divorce, legally separated couples still face the task of agreeing on who will take responsibility for what – such as custody of children, division of assets, division of debts, and alimony payments. In addition, each will need to work out their own living arrangements and will need to abide by the court order of legal separation. It’s important to note that in most states, a couple will need to be legally separated for a certain period of time before they can be granted a divorce.
Considering Your Situation
For those considering legal separation, it’s important to carefully consider your individual situation and requirements. It’s best to work out your agreements as soon as possible, as this will help both parties move on from the divorce or legal separation legally, emotionally, and fiscally.