Legal Separation

LEGAL SEPARATION

A

n arrangement whereby a husband and wife live apart from each other while remaining married, either by mutual consent (often in a written agreement) or by judicial decree. Black’s Law Dictionary 1487 (9th ed. 2009).

Separation agreement:

An agreement between spouses in the process of a divorce or legal separation concerning alimony, maintenance, property division child custody and support, and the like. Black’s Law Dictionary 1487 (9th ed. 2009).

Many married couples “separate” when contemplating a permanent split or working toward eventual reconciliation. “Legal separation,” however, specifically refers to a court approved separation which defines legally enforceable rights and obligations, but does not permanently end the marriage. Legal separation differs from more informal separation, because a court must approve and order legal separation.

The process is the same as a divorce, except that the parties remain legally married and obtain a judgment of legal separation. All of the same determinations that are made in a divorce are also made in a legal separation, such as division of the property and debts, maintenance, child custody, visitation, and child support. Some parties prefer to have these issues legally determined, but wish to remain legally married for religious reasons or to maintain medical insurance coverage. In addition, some parties may genuinely believe that they will reconcile and a legal separation is appropriate to preserve the parties’ rights and maintain stability until they can determine if this is possible. If the parties reconcile, a judge can set aside the judgment of legal separation.