Unlike divorce, a legal separation does not put an end to the marriage, it enables you to live separately but remain 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 division of assets and debts, child custody and child support, visitation schedules and spousal support.
- The Difference Between Legal Separation and Divorce
- How to File for a Legal Separation
- How to Behave During The Separation Period.
The same issues addressed during the divorce process are also addressed in a separation agreement. A separation agreement can protect your interests until the decision is made to file for divorce. The separation agreement also sets a precedence for the divorce that may follow. If you divorce after a separation and your case goes to court, a judge is likely to assume that since you were satisfied with the separation agreement, the agreement should carry over to the divorce settlement agreement. For that reason, it is important that you come to a separation agreement you can live with long term.
- Do I Need a Separation Agreement?
- The Financial Benefits of a Separation Agreement?
- Will I Receive Spousal Support During The Period of Separation?
- The Difference Between a Separation Agreement and Divorce Agreement?
Although a legal separation and divorce have many things in common there are some advantages to separating rather than a divorcing. Those advantages include: