Legal separation is a legal proceeding through which a husband and wife petition a court to allow them to live separate and apart. Legal separation has different names depending upon the jurisdiction. In some states a legal separation is called a limited divorce, judicial separation, separation from bed and board or a divorce a mensa et thoro. Some jurisdictions require that the parties to the marriage become legally separated before they can divorce. The length of time for the legal separation varies depending upon the jurisdiction.
What are the Wife’s Rights?
The court can decide matters of custody, support, and property division in the legal separation. Parties remain legally married even with a legal separation and cannot remarry.
- A wife would be entitled to temporary alimony if appropriate
- Child support if there are minor children and she is the custodial parent
- The wife could have rights to remain in the marital home with the minor children, and could ask that the husband maintain mortgage payments.
- The court could determine which debts each party is required to pay.
- There are tax advantages to a legal separation; support paid by one spouse is considered income to the recipient spouse. This should be considered in any final property settlement.
- In jurisdictions without the right to legal separation, the parties could enter into a separation agreement, which would have the same effect.
Do You Need a Legal Separation?
Many people consider a legal separation to be a cooling off period in a marriage that is having problems. It has the advantage of providing a legal framework for the wife if a husband does not follow the terms of the separation, especially when it comes to paying child support and maintenance to the wife. The husband can be held in contempt for violating the order. It also serves the purpose of bringing stability to the relationship while the parties are trying to decide what to do about the marriage.
Do you need a lawyer?
If you are being asked by your husband to sign a separation agreement, you definitely need legal counsel regarding the terms of the agreement and how it affects your rights. Never sign a legal document without appropriate legal advice. If you a seeking a legal separation, counsel experienced in family law matters can be invaluable in helping you protect your rights before and after you become legally separated.
