Marital Separation

Marital separation can refer either to an informal separation or to one legally recognized by the state. This type of separation is usually a precursor to divorce. However, some couples simply choose to live apart long term - especially if their religion prohibits divorce. Some states require a period of legal separation before they will grant a no fault divorce. However, these restrictions can be lifted for fault divorces such as those in which there is a history of domestic violence in the marriage. During a period of marital separation, it is important for each spouse to protect his/her financial wellbeing. This is one reason for couples to obtain a legal separation. Like a divorce, this allows spouses to divide assets, decide who is liable for debts, and choose who will continue to live in the marital home. Separation also affects child custody and support issues. A court order must be in place to enforce these arrangements if one party decides to violate the terms of the separation agreement.

Fast Facts

  • Few couples seeking legal separation later reconcile.
  • Couples whose religions discourage or prohibit divorce can usually obtain a separation without violating their religious beliefs.
  • Separation generally affects children in the same ways that divorce does.

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