Many people are confused about what it means to be “separated.” Unlike divorce, a legal separation does not end the marriage; it allows you to live separately while remaining married. During the time you are living apart, you have a court order that outlines the rights and responsibilities of each spouse.
You remain legally married while choosing to live separate lives. Issues that can be addressed in a separation agreement are the division of marital assets and debts, child custody and child support, visitation schedules, and spousal support.
There are four different types of separations. Los Angeles Divorce & Separation Attorney Charles M. Green has experience in handling various types of separation and divorce.
Living apart refers to a couple not residing in the same dwelling.
Trial separation occurs when a couple lives apart to determine if they wish to separate permanently. Trial separation is not usually legally recognized, so any assets or debt accumulated during the trial period is still considered marital property.
Permanent separation occurs when the couple has officially decided to part ways. In most states, assets and debts accumulated during a permanent separation are considered separate from those accumulated during a marriage. However, debts incurred for necessities, such as providing for children or maintaining the marital home, are deemed joint responsibilities.
Legal separation is when the parties are separated and the court divides the property, alimony, child support, custody, and visitation—but does not grant a divorce. Although a separation of some kind is required for no-fault divorces, legal separation is usually for couples who do not want a divorce. They may wish for a legal separation rather than divorce for religious, financial, or personal reasons.
If you decide to remain married because one spouse will be entitled to the other spouse’s benefits (such as Social Security or health insurance), make sure you read the fine print associated with such benefits. Some benefits will specifically exclude legally separated spouses from eligibility.
Charles M Green has experience in handling legal separations and can explain to you the pros and cons of legal separation vs. divorce. He began his career by earning both a Master of Business Administration degree and certification as a public accountant (currently inactive), and he can help you understand the possible financial ramifications of legal separation.
