A legal separation allows a couple to live in separate households while remaining legally married. A legal separation agreement is supervised by a court, which can also arrange child custody, child support and similar issues if the couple cannot agree on them. Some states require a period of legal separation before a divorce can be filed. Even if legal separation is not required, it may have several advantages over divorce.
Trial Period
A legal separation is like a "trial divorce" in that it allows a couple to live separately without requiring them to end their marriage. The couple may even petition a court to make arrangements for child custody, child and spousal support, and counseling, if the couple cannot reach an agreement. Legal separation gives the couple a cooling-off period and an opportunity to decide whether divorce is the best option for them.
Financial Benefits
Because a couple granted a legal separation is still legally married, each spouse can still take advantage of most insurance and tax benefits that come with being legally married. For example, a legally separated spouse may stay on the other spouse's health insurance plan. The spouses may also qualify for tax supports for legally married couples. Pension or retirement benefits may also remain available to both spouses.
Religious Benefits
If the spouses' religious convictions prevent them from divorcing, a legal separation may allow the couple the space they need without forcing them to end their marriage. The legal separation agreement addresses most of the same issues as a divorce decree, but does not end the marriage. However, in most states a couple may remain legally separated for only a limited number of months or years. At the end of this time limit, the couple must decide whether to live together again or to divorce.
