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Legal separation can be considered by some people as an acceptable enough alternative if they cannot stay together but for some reason cannot file for divorce yet. There may be some financial issues involved, or they just don't feel like divorce is an option for them at the moment. A couple will be considered legally separated if they live apart and if they petitioned the family court to recognize their separation. Couples cannot be considered legally separated if the court does not recognize it.
During legal separation, it's important to make a separation agreement agreed upon and signed by both you and your spouse. The legal separation agreement, similar to divorce settlements, is a document that details how certain issues will be handled. Issues include but are not restricted to spousal support, child support, living arrangements (who will live in the house, etc.), property division and the likes.
It's best to have an attorney review the separation agreement before you sign anything. After signing, your attorney will make an application to the court for the legal separation to be recognized. You can separate and make an agreement with your spouse informally, but having the court recognize the agreement gives you protection should your spouse be unable or unwilling to live up to the points of the agreement that you made with each other.
Here are also a few helpful pointers should you opt for legal separation:
- Have your lease contract amended - If you're moving out of your marital home, make sure that you inform your landlord and request for a new tenant lease to be drawn up, without your name in it. This way, should your spouse default in rent payments, you wouldn't have to answer for it.
- Cancel or freeze joint credit card and bank accounts - If you're legally separating, it's also best to separate your finances. Cancel joint accounts and discuss with your spouse about how you will divide the amount of money in those accounts. Cancel joint credit card accounts and just open up a new account under your name. It's better if you include division of debts in the separation agreement. If you can't pay off the debts immediately to have the account closed or if your spouse doesn't want to agree to cancelling the accounts, freezing the account could also be a viable option.
- Open a PO box or leave a forwarding address for your mail - If you don't want to have to deal with collecting your mail at the house you shared with your spouse, then you can have all mail forwarded to your new address or temporarily open a PO Box.
- Get copies of income tax records - As much as possible, get records of taxes paid over the last six years. Keep in mind that the taxes you owe will still need to be paid whether or not you get legally separated or divorced.
- Check insurance coverage - Some people prefer to be legally separated first before divorcing to make sure that they still have insurance coverage. However, some insurance companies terminate the policy in the event of a legal separation. It's best to review the policy or ask the help of your lawyer to review this so that you can be certain about your insurance coverage. The same thing goes with your pension plans and health benefits.
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