Separation Divorce Laws

A divorce terminates a marriage. A legal separation implies that the marriage has not ended but the couple is residing apart and separate. In a legal separation, the responsibilities and rights of each partner while residing separately are outlined.

Separation Divorce Laws regarding Spousal Support

The court takes into account the below mentioned factors while considering spousal support in a legal separation.

• The education of the separating partners.
• The standard of living enjoyed in marital life.
• The span of the marital life.
• Any retirement benefits of the separating partners.
• The emotional situation of the separating partners.
• The physical ability of the separating partners to earn.
• The age of the separating partners.
• The earning ability of the separating partners.
• The income of both the partners.

A majority of states in the United States have prescribed laws that deal with spousal support in a separation issue. As per these laws, the court can pass orders granting temporary spousal support in the period of separation. While filing for a separation, the separating partner is legally empowered to request the court to grant spousal support.

If one separating partner pays spousal support to the other partner, then, at tax time, the former partner can claim a deduction of the payments. However, this must be indicated in the legal separation agreement. In case of those couples, who have separated in the absence of any legal agreement, deductions of spousal support are not possible at tax time.

Separation Divorce Laws regarding financial status

• In an equitable distribution state, if the partner acquires any debt, then a legal separation agreement can be used to safeguard oneself from this debt. In a community property state, such sort of protection can’t be obtained using a legal separation agreement.

• Several separating couples have joint credit accounts and joint savings and checking accounts. A legal separation agreement can be used to specify whether the separating partners have access to the joint accounts in the period of separation. The agreement may also direct the couple to close all joint bank accounts and open single accounts in their names.

• Consider that the separating couple has a home. There are several issues like maintenance, lawn care, utilities and mortgage payments that need to be considered while retaining a home. The legal separation agreement specifies the individual responsibilities of the separating partners towards the various aspects of the marital residence.

• Consider that one separating partner is protected under the other partner’s health insurance plan. It can be mentioned in the legal separation agreement that the benefits of this insurance would be applicable in the period of separation also.

Other issues of Legal Separation Agreement

• Visitation schedules.
• Child support.
• Child custody.
• Division of debts and assets.

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