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What Is Legal Separation?

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 and community 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 marriage dissolution process.

Benefits of a Well-Drafted Legal 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.
  • Your separation agreement may include specific items relating to mortgage payments, home maintenance and use.

What if my spouse is cheating? Does that have any impact?

Artistic rendering of a couple arguing while their child stands in the background covering his ears with tears streaming down his face

If you are separating from your spouse and are considering a divorce, contact us or call 818-960-1334 to learn more about the benefits of legal separation and find out how we can help you draft a separation agreement that is right for you.