Legal separation is the judicial formalization of an agreement in which a husband and wife can live disjointedly. This separation is documented in a court order issued by a legal judge. The document issued will specify all terms and conditions associated with the separate living arrangement. However, legally speaking, the couple is not ‘divorced’ and remains in a ‘married’ status, only living separately. If the couple wishes to, they may start living together at any point in the future as a married couple, under this agreement. Alternatively, amendments can be made to the legal separation agreement to entitle it as a divorce document. However, re-marriage is not permissible for legally separated couples. A formal divorce must be acquired before either partner can marry again.
The separation agreement will have terms and conditions for separation of:
- Debt and asset division
- Child support & custody
- Child Visitation
- Temporary Maintenance Payments from one spouse to the other
TEMPORARY MAINTENANCE
The duration of the separation will be accompanied with support payments made by one spouse to the other. This support fee is also known as ‘pendent lite”. The partner deemed as responsible for these payments, according to the court order, could be held guilty in court if he fails to pay them. Alternatively, the legal court may demand immediate imbursement or take action to impose payment, through freezing of bank accounts and wage holds.
TAX DEDUCTION FROM SUPPORT PAYMENT
If the spouse making the support payment desires to file for a tax reduction in exchange, this must be included in the legal separation documents. This tax deduction will be regarded as taxable earnings on behalf of the receiver.
DO I NEED TO OBTAIN LEGAL SEPARATION BEFORE A DIVORCE?
In all states of America, married couples are not obligated to obtain a legal separation preceding a divorce. However, the court may issue a command for the couple to live separately for a specific duration of time before divorce is granted. In most cases, this period of separation commanded can be avoided and an immediate divorce acquired. A legal separation court order will be recognized by court in all states of America except Texas, Pennsylvania, Mississippi, Georgia, Florida, and Delaware.
If you are faced with a legal separation issue, it is imperative that you hire a legal representative to ensure both parties are protected and the separation is devoid of conflict between the parties involved.
