Legal separation can be an interim step in the process of divorce or it can be a more permanent arrangement for couples who want to live separately but wish to remain married. It is not a requirement for couples who want to live apart, but it in some cases it provides legal documentation that may be beneficial. Some states--including Florida, Louisiana, Delaware, Pennsylvania, Georgia, Mississippi and Texas--have no legislative basis to allow for legal separation.
Definition
A legal separation is a court proceeding that determines how a couple will live apart while still married. It may include arrangements for custody, child visitation, alimony and child support as well as an agreement on how you and your spouse will divide up your joint property and common debt. This legal arrangement can help protect you from being held responsible for any debt, liabilities or taxes your spouse incurs after you legally separate.
The Process
To obtain a legal separation, most states require that you prove your marriage is no longer viable or that you and your spouse wish to live separately. You will need to file a petition and provide supporting documentation. If either spouse objects to separation, the case must go to court. Procedures vary from one state to another, so you should seek legal advice from a lawyer who knows your state's separation laws and regulations.
Advantages
Because you remain married in a legal separation, you retain coverage under your spouse's medical insurance and you remain eligible for other spousal benefits. If either you or your spouse will be providing financial support, a legal separation allows the paying spouse to deduct the alimony or child support at tax time. A separation agreement also documents how property is divided, which can help smooth the way toward final resolution in a divorce case. Some couples who no longer wish to live together choose to remain married for religious or financial reasons; a legal separation provides a framework for dividing property and arranging support payments, if needed.
Disadvantages
A legal separation is a complicated process that usually takes as long as a divorce. It costs nearly as much as a divorce and sometimes more because it is an uncommon practice and may require more research by your lawyer. Because you remain married, if you decide to divorce later, you will have to go through another round of legal proceedings and incur additional expenses.
Alternatives
If you want to separate from your spouse and want to avoid court proceedings and the expense of a legal separation, you can opt for an informal separation. Such an arrangement, however, does not have the force of law, so it is best to consult with a lawyer before making such a move. If your spouse is abusive, a legal separation will not protect you. Only a restraining order can legally prohibit your spouse from coming near you.
