A divorce finalizes the marriage. A legal separation does not terminate the marriage, but it allows the parties or the court to resolve marital issues. A stand-alone marital separation agreement is a temporary agreement commonly used when couples want to legally separate, but do not want to legally terminate their marriage by divorcing. It is usually a voluntary agreement between the spouses. Reasons for not obtaining a divorce vary from religious, moral, health insurance, inheritance, social security or other economical reasons. Some health insurance plans consider legal separation the same as divorce so you should check with your insurance carrier to make sure your spouse will still be covered. Otherwise, your spouse may have to obtain COBRA coverage or get their own heath insurance policy. The separation agreement typically addresses the same issues as divorce issues including:
- Child custody, child visitation and child support
- Spousal support or alimony
- Other parental issues
- Property division of marital assets
- Division of marital debts
- Health insurance and life insurance
- Any other issues the couples decide upon
Causes of Legal Separation
There are many causes of legal separation in a marriage such as:
- Lack of money. Spending too much money. Spending large sums of money without consulting the other spouse.
- When one partner cheats on the other.
- Breakdown in communication.
- Unresolved issues from spouse's previous marriage.
- Addictions such as drug or alcohol.
- Illness or disability.
- Problems regarding sex - health or hormonal are the most common.
- Job relocation.
- Military service.
Sometimes couples will seek marriage counseling to try and work out their problems and differences before they separate or decide to divorce. It may be easier for them to talk to a third party professional to resolve matters that have caused the breakdown of their marriage. There is really no way to determine whether the marriage can be saved because every relationship is different. Couples may just decide they want out of the relationship and decide to legally separate or divorce.
Attorney Assistance
A marital separation agreement is an important legal document. Couples should give serious consideration to how they decide the issues and how long the agreement stays in effect. It is recommended that you seek the advice of a family law/divorce attorney to help you prepare and negotiate the agreement and represent you in court.
