Home » Law and Legal Articles » Demystifying the Law The Many Reasons to Get a Legal Separation
Demystifying the Law The Many Reasons to Get a Legal Separation
As part of the legal separation, the couple normally divides their assets, creates a child custody agreement and determines spousal support.
SOUTH BEND, IN, October 08, 2011 /Law and Legal PR News/ -- Quiz: A married couple is legally separated when they....
a. Are no longer living together.
b. Are no longer living together, and have started the divorce process, but it's not yet complete.
c. Are no longer living together, have a court-approved agreement split their assets and have negotiated child custody, but have no plans to divorce.
d. C, sometimes B and informally A
e. I don't know!
Answer: D.
We've all encountered couples who seem to meander down the road toward divorce. One friend of mine recently "separated" from his wife, but they both continued to live under the same roof. Investor Warren Buffett famously separated from his wife in 1977, but never divorced her despite living with another woman. (The three even sent joint Christmas cards.)
Many couples who are in the process of getting divorced will tell people they've "separated," which usually means one or the other has moved out of the house. Sometimes it means they're hoping to eventually reconcile, but need time apart. Often it means that one or the other plans to file for divorce or has already filed for divorce. And sometimes it simply means they're living together while leading separate lives until the divorce is finalized.
So what does it mean to be legally separated from your spouse? Today, we'll demystify the legal aspects of separation.
Legal Separation Before Divorce
From a legal perspective, a couple is separated if they've taken legal steps to start disentangling their life together.
In some instances, separation is a step in the divorce process. This may mean that:
The couple has filed for divorce but haven't finalized it, or
In states that require a couple to be separated for a specific period of time before divorcing, a couple has created a separation agreement, which starts the countdown until they can file for divorce.
Legal Separation Without Divorce
For some couples, divorce isn't the end goal when they split up.
Some states allow a couple to create a legal separation agreement if they separate but have no intention of getting divorced. It's a court-approved process that help couples figure out how to live apart and lead separate lives while remaining legally married.
As part of the legal separation, the couple normally divides their assets, creates a child custody agreement and determines spousal support.
You might legally separate but not divorce because:
You don't believe in divorce for religious reasons
Remaining married entitles you to certain tax or insurance benefits, or part of your spouse's Social Security
You are not emotionally prepared to divorce, but want the court-approved separation
Benefits of Legal Separation
Regardless of whether divorce is the ultimate objective, a legal separation offers several benefits to a couple that has split up. It allows you to:
Start the clock ticking if you live in a state that requires a legal separation before divorce
Negotiate the basic elements for what may eventually become your divorce agreement
Ensure that any money you earn or property you receive after you legally separate won't be considered marital property that has to be shared with your spouse if and when you divorce
Create legally binding agreements regarding child custody, visitation, child support and spousal support
Not every state has a court approved legal separation process, but there are often workarounds. In Texas, for example, couples that split can create a partition agreement to divide their assets and liabilities.
"If a Texas couple wishes to separate but not divorce, it is best to enter into a partition agreement to preserve and specify what each person's rights are in the estate, separate their assets and delineate obligations to third parties," says Julie H. Quaid, a partner with the Texas firm of Quaid and Quaid LLC. "If the couple just informally separates, they are still liable for debts incurred by each other and assets could be dissipated by one party or the other thereby destroying all or part of the community estate."
Jennifer E. King co-authors the Lawyers.com blog (http://www.lawyers.com/our-blog/archives/1076-Demystifying-the-Law-Th ... ation.html).
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