Separation

Separation allows couples to remain married but live independently of one another. In a legal separation the court can outline the responsibilities of each spouse and protect spouses while they decide if they want to file divorce. Common issues which can be addressed through a legal separation include division of assets and debts, child custody arrangement and child support payments, visitation schedules and spousal support.

To protect each party's interest in a separation the spouses will need to create a separation agreement. Because a separation frequently precedes a divorce request, it's important to make sure each party is content with the agreement. In some cases after a separation if the divorce goes to court, a judge is likely to assume that if each person was content with the separation agreement, the agreement should be similar for the divorce settlement agreement.

Couples may decide to separate for a variety of reasons: it allows them to spend time apart away from the conflict of the marriage before deciding whether or not to terminate the marriage, it allows for the retention of medical benefits and other benefits which could be ended after a divorce, it allows for a marriage to continue for couples who are morally opposed to divorce and it may allow couples to accumulate adequate years to apply for certain government benefits such as Social Security benefits.