Separate maintenance is an option in divorce and legal separation. Typically, when married couples believe that their marriage can no longer be saved, then they can choose to file for divorce. However, the couples can choose legal separation. This means that when married couples want to end or work on their marriage, they have the option to separate.
Legal Separation is the Legal Process That Doesn’t Involve Divorce
Problems in marriage are always possibility. Some married couples choose to work on these problems while one spouse is living outside of the household. The separation may be for a specific time or long-term. For example, a trial separation is when married couples separate for a couples months then reconcile. Thus, the courts aren’t involved in the separation. However, separation becomes legal once married couples want the separation officially recognized by their local courts. Legal separation is a legal process which is similar to divorce. Married couples agree on how to divide property and debts. Also, if they have children, they decide on child custody issues. However, when couples can’t agree, a judge will impose a decision on all those martial issues. What a judge won’t do is issue a divorce decree. Thus, you and your spouse will remain married.
Separate Maintenance Are Payments Made from One Spouse to Another
Separate maintenance a spouse pays to their ex-spouse after their marriage has ended. Most people associate separate maintenance or alimony with divorce. However, it’s also possible to obtain separation maintenance with a legal separation. Separate maintenance is akin to alimony or spousal support. However, it’s generally not called alimony because the couples are still married. Typically, the spouse affected by the legal separation is eligible for separate maintenance. This means that if your finances will significantly change because of the legal separation your spouse may have to pay you a specific amount every month. In some states, separate maintenance can be obtained once a motion pendente lite is filed on your behalf, according to Nolo.
Obtain Legal Assistance about Separation Maintenance and Legal Separation
If you and your spouse decide that your marriage should end in a legal separation, contact a lawyer. A lawyer who specializes in divorce and legal separation can help you with child custody and the division of property and debts. Also, a lawyer can assist you turn a legal separation into a divorce—if needed.
