Legal separation is recognized in most states. It is a way to protect yourself legally if you are considering moving out, or have already moved out, concerning things like child support, visitation, temporary custody and division of debts and assets. A legal separation is a written agreement that is filed with the court that specifies the rights and responsibilities of both spouses while they are living apart.

Divorce vs. Separation

In many ways a legal separation is like a divorce. Also, some states require a period of separation before a divorce is granted. There are some benefits to choosing a legal separation over a divorce, such as:

• Retaining marital status for religious purposes
• Continuing insurance benefits that only covers spouses
• Retaining military spouse benefits
• The ability to continue to file joint taxes
• A trial run at living apart, to ensure it is truly what both spouses want

Sometimes, after a period of time apart, couples decide that they want to reconcile, instead of continuing on with a divorce. However, you should be careful when agreeing to anything in the separation agreement because often it will become the divorce agreement. If a judge sees that you were ok with something in the separation agreement, it will be hard to argue that it is no longer acceptable for the divorce agreement. Because a separation can be a very emotional time, be careful not to make decisions based on anger or guilt.

The Separation Agreement

A separation agreement is a contract between a husband and wife when they separate from each other. The separation agreement becomes the basis for the divorce. It is recommended that you get the help of a mediator when creating a separation agreement. Mediation provides a neutral party to help iron out any disagreements that might arise.

The following things need to be considered when creating a separation agreement:

• How the financial responsibilities will be assigned
• Who the children will stay with, how often they will see the other parent, who will be financially responsible for the children and who will make decisions as to their upbringing during the separation
• How any assets should be divided and whether to keep a joint bank account or to open separate bank accounts

A legal separation is often a good decision when you are considering a divorce. It gives both spouses the time and space to decide if a divorce is what they really want. It also allows both spouses to retain some of the benefits of a marriage until they are certain that a divorce is the best option.

This article is for informational purposes and does not constitute legal advice. Please contact an attorney in your local area for more information about divorce law.

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