How Does a Legal Separation Work? Different Types

Divorce and separation are two different things. In a separation, you live apart from your spouse but reman married until you get a divorce granted by a court. Usually, your financial obligations do not change during a separation. Read on to learn more about the three types of separation.

Trial Separation

You and your spouse may make the decision to live apart on a trial basis. The same legal rules apply as when you were married regarding  finances and property in nearly all cases. If a reconciliation is likely, an informal written agreement regarding certain issues, for example, will you continue a shared bank account, credit cards and household budget needs can be stated as well as how expenses will be met and time spent with kids.

Permanent Separation

This is when you are separated but have no intention of a reconcile. In some states property, as well as assets and debts acquired during the separation belong to the party who obtained them. Once permanently separated, you are no longer responsible for debts incurred by your spouse and likewise you are no longer entitled to assets or property they earn, either. These issues can become contentious in court as it is not always clear what date the separation occurred as monies and property obtained during this time can be negotiable. Should you briefly reconcile, it may change the date of a separation from a legal standpoint. Once the separation and basic agreements have bene formed, there is no rush to divorce.

Legal Separation

In some  states, you may obtain a legal separation by filing a request in family court. Being legally separated is a different legal status from being divorced or married—you’re no longer married, but you’re not divorced either, and remarriage in those circumstances is not allowed. But the court’s order granting the legal separation includes orders about property division, alimony, and child custody and support.