A legal separation, also known as "separate maintenance," preserves many of the legal rights of marriage while allowing spouses to live separately. In most states, the separation is intended to provide a cooling-off period during which spouses may work on their marriage and decide whether to stay married or obtain a divorce. Legal rights to spousal support, child support and/or custody, and inclusion on a spouse's health insurance remain available during a legal separation.
Spousal Support
When granting a legal separation, a court will consider whether spousal support, also known as alimony, is appropriate for either spouse. Spousal support is usually granted when one spouse has been out of work for some time. It is intended to help the out-of-work spouse maintain his standard of living while searching for work. If spousal support is granted, it becomes a right that must be maintained throughout a legal separation.
Child Custody And Support
A couple who chooses a legal separation must also decide who will have custody of any children and how they will be supported. A court will enter orders for child custody and support if the couple cannot agree on these arrangements. Rights of child custody, visitation and support remain in effect throughout a legal separation and may carry over into a divorce if the couple chooses to end the marriage.
Health Insurance
In a legal separation, the couple remains legally married even though they are living separately. Because they are still married, the right to be included on a spouse's health insurance plan remains intact. The U.S. Department of Labor recommends reviewing the family's health insurance plan carefully before entering a legal separation, however, as certain health insurers may have specific provisions for how to handle health insurance for a spouse no longer living with the primary insured.
