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What Is A Legal Separation?

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The definition of legal separation depends on your state of residence. Generally, if you and your spouse stop cohabitation, you are said to be separated. If you go through the court system and a court order is issued or you have an approved settlement agreement, you are then legally separated.

A trial or informal separation, whether accompanied by an agreement or otherwise, may or may not be a legal separation. All separations, whether legal separations or not under state law, can be reversed at any time before the Courts grant a divorce to either party.

In legal separations, you may or may not enter into a property settlement and support agreement. In some instances, you would finalize everything except the issue of divorce and in other situations, you may not.

In some states, legal separations can be as expensive as divorces, if not more so. Some states require a couple to remain separated for a period of time before divorce. In others, there is a cooling off period between the time of filing and when a divorce hearing can be held. The cooling off period is based on the state's desire to try to help married people reconcile and keep their relationship together.

In a legal separation, since you are still married, you are not free to remarry. And depending on where you live, adultery that takes place after the initial separation but before the divorce may cause financial ramifications.

If you are paying support to a spouse, for that support to be tax deductible, there must be an actual separation and some type of agreement setting forth what is to be paid and when as spousal support. Generally, if you choose to stay in the same house and live in separate bedrooms you are not legally separated and cannot deduct spousal support payments made to the other spouse.

A legal separation results when the parties separate and a court rules on the division of property, alimony, child support, custody and visitation, but does not grant a divorce. A legal separation is also known as a separation from bed and board. The money awarded for support of the spouse and children under these circumstances is often called separate maintenance, as opposed to alimony and child support.

Legal separation is usually a substitute for, and not a step toward, divorce. It often occurs when there is a religious objection to divorce, or if a dependent spouse needs medical card and will not qualify for it on their own, but will maintain coverage under her spouse's plan if they stay married. Most couples that intend to divorce begin living apart without going through formal separation procedures. Prior to no-fault divorces legal separations were often obtained by couples wishing to live apart that needed to get legal permission from the court to do so.

Next Page: Can I Change My Legal Separation Into A Divorce?

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