Legal Separation
Candlefocus EditorWhen considering a legal separation, couples typically draft a court-approved legal separation agreement. This agreement spells out the terms of the separation such as who can live at the residence, who pays for support and expenses, who has legal custody of the children, and visitation rights. The agreement will also lay out possible guidelines for reconciling. A court order for legal separation is granted by a judge who determines if the parties have met the necessary requirements and allouwed the requested actions to b properly taken.
Although a legal separation agreement can provide the couple with an agreed upon set of expectations and boundaries, there are still several important aspects to consider in making the decision of a legal separation.
First, it is important to know whether it is the best course of action for the couple, taking into account the financial position, any children, and respective religious beliefs. Couples who consider a legal separation over divorce should realize that although they are legally separated, they are still considered to be legally married by most states and this can affect the financial rights and obligations of each spouse, including tax status, Social Security and retirement benefits, and the payment of spousal support.
Second, it is important to wisely address the financial matters outlined in the separation agreement. To do this, the couple should reach a fair and reasonable agreement that takes into account their current and future financial needs.
Finally, it is important to consider the practicality of a legal separation and whether it will lead to a resolution of the marital issues or if it will ultimately be a precursor to a later divorce.
Overall, a legal separation should be thoughtfully considered and should be entered into with the goal of ultimately resolving the issues between the couple, or preparing for a possible divorce. When entering into a legal separation, couples should understand the implications it could have on their assets and liabilities, financial obligations, and future prospects. Seeking family law counsel from an attorney is oftentimes a wise choice to gain a better understanding of legal separation and any potential risks that could result.