Understanding What A Legal Separation Does And Does Not Accomplish

Although a legal separation won't dissolve your marriage in the eyes of the court, there are still advantages for filing a separation agreement. As a legal matter, a separation allows your attorneys to begin the process of marital property division during the mandatory six-month waiting period prior to the final divorce decree.

A legal separation also allows spouses to continue to take advantage of health care and tax benefits enjoyed by married couples. For long-term marriages in which neither party expects to remarry, a separation may be an excellent option.

Feinberg & Waller, APC, can help you draw up a legal separation that protects your rights throughout the marriage dissolution process, even if divorce is not your ultimate objective.

Benefits Of A Well-Drafted Separation Agreement

The benefits of a separation agreement include:

  • You may retain certain benefits of a married couple, generally including health insurance benefits.
  • You can protect your rights in all matters relating to alimony, child custody and child support.
  • You may include provisions restricting access to joint checking, savings and credit card accounts.
  • You may protect yourself from any debt incurred by your spouse during the waiting period prior to your divorce becoming final.
  • Spousal support payments may be deducted from taxes only if the obligation is part of your separation agreement (or court order).
  • Your separation agreement may include specific items relating to mortgage payments, home maintenance and use.

You have questions... What if my spouse is cheating?
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Contact us to learn more about the benefits of a legal separation and drafting a separation agreement that is right for you.

**The initial consultation to clients who retain Feinberg & Waller, APC. A significantly reduced flat fee is charged for the initial consultation. That fee is credited back to the client upon retention, thus resulting in no charge for the meeting. In the event the initial consultation fails to result in the retention of Feinberg & Waller, APC, the potential client nonetheless receives the consultation services at the significantly reduced fee.