Understanding Legal Separation

A legal separation is a written agreement that is filed with the court which addresses the rights and responsibilities of a married couple while they are living apart.  Issues that can be addressed in a separation agreement include division of assets and debts, child custody and support, visitation schedules, alimony, etc.  Almost all states except Delaware, Florida, Georgia, Mississippi, Pennsylvania, and Texas recognize legal documentation of separation.

In many ways, getting a legal separation is much like getting a divorce. So why would someone go through the separation process instead of getting a divorce?  Some of the advantages of a legal separation include: 

• Being able to retain your marital status for religious reasons.
• Allowing a couple some time to live apart and see if divorce is actually what they want. As compared to an informal trial separation, a legal separation establishes how everything will be handled while the couple is apart.
• Being able to continue insurance benefits on your spouse's coverage. If you are considering getting a separation to retain coverage, be sure to check the policy to see if it addresses what happens if a couple legally separates.
• Retaining certain military benefits. 
• Continuing to remain married in order to meet the ten year requirement to qualify for certain social security benefits of a spouse. 
• Protecting your financial interests while apart, as assets and debts acquired during a legal separation may be considered separate property.  This can be important in states that require a period of separation before a divorce is granted.
• Possible tax benefits by continuing to file taxes jointly.  
• If the couple does decide that getting a divorce is the best decision, the separation agreement can be converted to a divorce agreement.

While a legal separation can protect you before getting a divorce, it can also set a precedence for the actual divorce. If your divorce case were to go to court, a judge would assume that if you were fine with the arrangements of the legal separation, then there is no basis to make any big changes with the divorce. Therefore, you should treat the separation agreement the same way you would a divorce, and don't agree to anything that you can't live with.  This is why it is so important to have your lawyer look over the agreement and discuss the implications of it with you. 

©Tracy Achen 2007.  At WomansDivorce.com we have one focus - helping women survive divorce and rebuild their lives. 

The following articles offer more information on separation:  
How To File For A Legal Separation
Separation FAQS
Preparing For A Divorce or Separation
Financial Considerations before You Divorce
Other Marital Separation Articles

Home / Other Articles /  Divorce Guide /  State Resources
Books / Store / Contact Us  / Chat / Privacy / Links / Newsletter

Please Note:  This website provides general information about the various issues that arise in a divorce and should not be considered a substitute for legal advice.  For specific recommendations concerning your situation, please retain an experienced divorce lawyer who can answer your questions based on the current divorce law statutes of your state.  WomansDivorce.com disclaims any liability from any claim arising from any information contained on this website.