Legal Separation

When the parties do not intend to initiate divorce proceedings, but wish to formally separate, it is called a legal separation.

Unlike divorce, a legal separation does not put an end to a marriage. During the separation, the parties remain legally married while choosing to live separate lives. The parties deal with all community debts and assets jointly; however, they will not obtain a divorce nor will either party revert to the status of a single person.

This option is desirable for individuals who choose not to obtain a divorce for

  • religious reasons,
  • family reasons,
  • tax planning concerns, or
  • when one spouse wants to remain covered under the other party’s health insurance plan.

Examples of issues that may be addressed in a separation agreement are

  • the division of assets and debts,
  • child custody and visitation schedules,
  • child support, and
  • spousal support.

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