After a legal separation, divorce, is the usual next step. Since the process for each is similar, many couples simply work out all their financial and child custody/visitation issues during negotiations for a separation agreement. Spousal benefits provided by an employer may continue during this separation period. There are two critical differences between legal separation and divorce. First, there are no residency requirements for obtaining a separation in states that offer it as an option. The couple must, however, meet these requirements before the separation can be converted into a divorce. Second, the spouses are not free to remarry when they are separated. Beginning a new relationship during this time period is an unwise decision. It can significantly complicate matters - especially in states that allow fault divorces. Any extramarital affair that occurs during separation can be considered adultery in the eyes of the court and of the other spouse.