Legal separation won’t dissolve your marriage in the eyes of the California courts, but there are still many advantages to 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 may allow spouses to continue to take advantage of health care and tax benefits enjoyed by married couples. For long-term marriages where neither party expects to remarry, a separation may be an excellent option.
If divorce is not your ultimate objective, legal separation protects your rights throughout the process of setting support and dividing marital property.
Benefits of a Well-Drafted Legal Separation Agreement
The benefits of a separation agreement include:
- You may retain certain benefits of a married couple, 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.
- Your separation agreement may include specific items relating to mortgage payments, home maintenance, and use.
If you are separating from your spouse, considering a divorce, or want to learn more about the benefits of legal separation, find out how we can help you draft a separation agreement that is right for you.
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