Divorce Legal Separation

Prior to a divorce, legal separation can provide a way for spouses to begin disentangling their finances. Division of marital assets through a separation agreement can make it possible for each spouse to make independent living arrangements. However, spousal benefits such as medical insurance provided through an employer may remain in place during this period. Not all states recognize separation as a legally defined status, so individuals who wish to live separately in those states may wish to simply file for divorce. Informal separation has limited standing in most courts and can raise confusing issues such as accusations of abandonment. Child custody and support are common topics of negotiation during separation. Parents are wise to seek professional council before agreeing to a temporary settlement regarding these issues. Unless the court finds a compelling reason to change the terms agreed to during separation, they may carry over into the actual divorce agreement.

Fast Facts

  • Legal separation can have some tax advantages over divorce; however, they tend to be minor in scope.
  • Tax advantages for one party may be disadvantages for the other depending on the situation.
  • A divorce petition can be withdrawn and converted into a separation agreement in some circumstances.

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  • Legal Separation vs Divorce

    The general public often uses the terms “divorced” and “separated” interchangeably. However, divorce and legal...
    • Site: divorcelawfirms.com
    • 4 of 6 user(s) found this useful
  • Guiding You Through Divorce and Separation in North Carolina

    This guide may assist in answering questions you may have regarding Divorce and Separation in North Carolina. ...
    • By: Rachael Rogers
    • Site: divorcelawfirms.com
    • 1 of 1 user(s) found this useful
  • Separation or Divorce

    The decision of whether to divorce a spouse is one of the most difficult decisions a person can face. Often, c...
    • Site: lawfirms.com
    • 19 of 23 user(s) found this useful
  • Legal Marriage Separation

    Legal marriage separation refers to both husband and wife living apart from one another. Generally, a legal se...
    • Site: divorcelawfirms.com
  • Filing for Legal Separation

    Unlike a divorce, in which only one party must seek an end to the marriage, a court will typically not force a...
    • Site: divorcelawfirms.com

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