Understanding What a Legal Separation Does and Does Not Accomplish

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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.

Contact us to learn more about the benefits of a legal separation and drafting a separation agreement that is right for you.