What is a LEGAL SEPARATION?

According to Black’s Law Dictionary, the term

“applies to a court sanctioned agreement for a

husband and wife that details their obligations

while living apart.”

Who might want a legal separation? 

• People who are not sure that they want to be divorced;
• People who are unwilling or unable to divorce due to religious reasons; and,
• People who want to keep health coverage that would be lost to one of the spouses if the couple divorced.

How is a legal separation different than a divorce?

• Legally separated spouses are not allowed to remarry; and,
• The right to inherit does not end, except by written agreement.

How is a legal separation like a divorce? 

A legal separation can be like a divorce in that the agreements reached are binding, not only between the spouses, but with outside parties as well.  For instance, creditors must treat the parties as separate people.  Additionally, the spouses cannot file their taxes as “married.”

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Image courtesy of David Castillo Dominici at FreeDigitalPhotos.net

How can mediation help those interested in a legal separation?

When spouses decide to legally separate, they have many issues to address, very much as if they were getting a divorce:  For instance, they often have to deal with how to handle:

• a home and other assets; 
• debts; 
• alimony; 
• child support; and,
• parenting schedules. 

As in divorce mediation, a mediator can assist you so that you can have constructive discussions, gather and share the information you need, and make the decisions that will best serve you and your children.

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