What is Legal Separation?

Legal separation is a formal court-approved arrangement in which a married couple remains legally married but lives apart. It allows spouses to define their rights and responsibilities regarding finances, property, child custody, and support—without ending the marriage.

Why Choose Legal Separation?

Couples opt for legal separation for various reasons, including:

• Time for Reconciliation – Space to evaluate the future of the marriage.
• Religious or Personal Beliefs – Some prefer separation over divorce due to moral or religious reasons.
• Financial or Insurance Benefits – Allows spouses to maintain health insurance or tax benefits that might be lost in divorce.
• Child Stability – Provides a structured arrangement while keeping the family legally intact.
• Preparation for Divorce – Some couples use separation as a trial period before deciding on divorce.

Key Aspects of a Legal Separation Agreement

1. Division of Property & Debts – Defines how assets and liabilities will be managed.
2. Child Custody & Visitation – Establishes parenting time and decision-making authority.
3. Child Support & Spousal Support – Determines financial responsibilities.
4. Living Arrangements – Specifies who resides in the marital home or other properties.
5. Financial Responsibilities – Outlines how expenses, taxes, and debts are handled.

Legal Separation vs. Divorce

While both legal separation and divorce establish formal arrangements for finances, property, and child custody, they have key differences. Legal separation allows spouses to remain legally married while living apart, meaning they cannot remarry and may still retain benefits like health insurance, tax advantages, or pensions that would otherwise be lost in a divorce. Divorce, on the other hand, permanently dissolves the marriage, granting both individuals the freedom to remarry but also ending most financial ties and benefits associated with the marriage. Legal separation may be a better choice for couples who want time to decide on their future, prefer to remain married for personal or religious reasons, or wish to maintain certain financial protections. However, for those who are certain about ending their marriage completely, divorce provides a final legal resolution.

How We Can Help

Our experienced attorneys can guide you through the legal separation process, ensuring your interests are protected.

Contact Us Today for a Consultation!