Legal Separation
What Is A Legal Separation?
While not an official divorce, a legal separation is remarkable similar. It intends to work out an agreement and/or court order for things like the division of your assets, child custody, visitation, and support, without actually getting a divorce.
This court order aims to protect your interests until you reconcile, file for divorce, or the death of either party.
A legal separation is not a prerequisite for obtaining a divorce. However, if the decision to divorce is made down the road, a judge may decide that since you were satisfied with your legal separation agreement, the same arrangement should carry over to the divorce settlement agreement.
Why Legal Separation Instead of Divorce?
- It allows couples time apart, away from the conflict of the marriage to decide if divorce is what they truly want.
- It may allow for the retention of medical benefits and certain other benefits that divorce would bring to an end.
- If your religious beliefs conflict with the idea of divorce, you are able to live separately and retain your marital status.
- If you are a military spouse, you may wish to remain married for 10 years so that you can take advantage of the benefits set up by the Uniformed Services Former Spouse Protection Act.
- Remaining married for 10 years or more also means being able to take advantage of certain social security benefits for a spouse.
- If the decision to divorce is made, the legal separation agreement can likely be converted into a divorce settlement agreement.
Additional Information
Pros And Cons Of Divorce Mediation
Legal Separation Versus Divorce: An In-Depth Look
