Separation Law

Many states have a separation law provision that is designed to protect both parties in a marriage during the time period before the finalization of a divorce. A marital separation that is recognized by the courts carries the weight of law in terms of child support and custody agreements. It also delineates who is responsible for ongoing expenses such as mortgage payments and health insurance. However, it cannot necessarily protect separated couples from collection attempts for loans acquired before a divorce is finalized. Residency requirements for a separation are not necessarily as strict as they are for a divorce. However, individuals who are separated are not legally allowed to remarry. Some states only allow a no-fault divorce after a period of separation. Other states do not have a separation law at all. In those locations, couples can simply file for a divorce petition without going through this extra step.

Fast Facts

  • Some insurance policies are written in such a way that they will lapse in the case of legal separation.
  • Any division of property made during a legal separation generally carries over into the divorce.
  • Separation agreements are closely scrutinized by the court before approval in order to minimize the frequency of later appeals and disputes.

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