A legal separation is a legal process that allows a married couple to remain married under the law while legally separating their financial arrangements, such as ownership of property, payment of bills and temporary financial support between the two spouses. Unlike a divorce, spouses undergoing a legal separation remain married after the final order by the court.
Purpose
People may seek a legal separation for religious reasons, such as a moral objection to divorce. Couples may pursue a legal separation if one spouse wants to ensure that the other spouse remains covered by their insurance provider. Spouses should check with their insurance company about their terms for maintaining coverage of one or both spouses during a legal separation, according to Expert Law. Some couples may opt for a trial separation in hopes that they can reconcile their marriage in the near future, but require time apart before making a choice.
In the case of a trial separation, a legal separation will arrange issues such as support and custody of the children, alimony and property. A couple may wish to separate if they do not want to wait for the state-mandated waiting period for granting a divorce, according to Divorce Net. Spouses may also wish to avoid a formal divorce until the length of their marriage qualifies each for pension benefits or Social Security benefits.
Issues
The court has the power to resolve any issues in a legal separation that would be resolved in a divorce, according to Expert Law. For example, a court order governs issues, such as child custody, child support and alimony during a legal separation.
Expert Insight
Expert Law advises that the terms of dividing personal property under a legal separation may remain as the terms for the division of property under a divorce settlement. This occurs because personal property in the possession of one spouse is legally entitled to remain with that spouse under a divorce settlement.
Considerations
Spouses filing for legal separation should separate their finances by obtaining bank accounts and credit cards in their own name during the process of a legal separation, according to Expert Law. For example, either spouse can still use an account that is under the name of both spouses, such as a bank account, credit card or utility bill. A spouse has the legal right to withdraw all money from a joint account even if the couple is under a legal separation.
Warning
A couple under a legal separation is still married under the law. If a spouse wishes to remarry, then he must first go to court to file for a divorce from their current spouse.
