In the past, it was common for divorce law separation to be a requirement for a divorce where or not a party is claiming fault by the other party. Today though, legal separation is less commonly required for a divorce and is required in very limited circumstances. Almost all states offer a no-fault divorce option in which case a couple does not have to separate before filing for divorce. A couple can claim something like “irreconcilable differences” or “an irretrievable breakdown of the marriage relationship” in stating the grounds for the divorce. In most states, if a couple uses the language above (the exact wording varies from state to state) they do not have to prove fault and they do have to meet a legal separation requirement. While a legal separation is rarely required by law, sometimes couples prefer to have a separation before deciding to divorce because separation provides a couple simply the time and space to sort out whether a divorce is really the best route. A legal separation does provide distinct property rights in most states and may impact a person’s ability to purchase a residence without the permission or involvement of the other spouse.
The Poor Economy Has Changed How People Separate
In recent years, the bad economy has made it very difficult for divorcing couples to physically separate because they simply cannot afford two separate households. It is becoming more common for couples to be forced to wait until the marital homestead is sold before they have the cash to buy or rent separate residences. The housing market has been so bad in recent years though that couples either cannot sell the marital home, or they are faced with taking a huge loss on their investment. The economy has forced many divorcing couples to continue to live under one roof, even though there is no hope of saving the marriage.
Legal Separation Agreements
While a couple may not be able to afford a physical separation, they can still draw up a separation agreement to divide finances and financial responsibility to protect their own interests in their assets and to assure that bills continue to be paid and insurance remains in effect. A separation agreement provides a structure for dividing finances, debt, support and parenting time.
Getting Legal Help
Some couples know that there is no sense in a separation because there is no hope that the marriage will survive. Some couples prefer a legal separation to an actual divorce because they can maintain health insurance benefits provided by a spouse or their religious beliefs do not allow them to divorce. It is important to recognize that a legal separation can have permanent effects on property division, custody or support issues. An experienced family law attorney can help a person understand the temporary and permanent impacts of legal separation and can protect him/her from committing to something in writing that may not be in his/her best interest.
