Marital Separation Definition, and Purpose

A marital separation agreement is a legally binding document between you and your spouse.

What is Marital Separation?

It often resolves issues such as:

Property and debt division
Spousal support
Child custody and visitation
Child support
Insurance coverage

In addition to the emotional aspects of separation, there are other separation issues to consider. A new residence will have to be established and there are financial matters and issues related to the children or household responsibilities. It is important that couples consider marital counseling before deciding to file for a legal marriage separation.

Why People Seek Legal Separation

The reasons people may seek a legal marriage separation rather than divorce could include:

Religious concerns—they may have a religious objection to divorce
Trial separation—they may hope that the marriage can be reconciled by marital counseling or need some time apart to before making a decision about filing for divorce
Insurance concerns—they want to ensure that one of the spouses has continued coverage through the other spouse’s insurance provider
Tax purposes—A wealthy spouse may wish to formalize alimony through a legal marriage separation in order to receive a tax deduction

Maritial Separation Lawyer Help

Some separations can last several months or even years, so it is extremely important to protect yourself and have all the necessary issues settled between you and your spouse. If you decide to file for divorce, you should seek legal assistance from an attorney who can handle all of your divorce issues.

Thinking About Divorce?