It’s Not Quite Divorce: About Legal Separation
In family law, legal separation is the state of spouses living apart based on either judicial decree or mutual spousal decision. Although still legally married, legal separation is documented and can act as a stepping stone toward legal dissolution of a marriage.
Are You Considering Legal Separation?
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When can I consider me and my spouse separated?
A couple is usually considered separated when they no longer live in the same home. However, some couples are considered separated while still sharing a home but living in separate rooms and leading separate lives.
When are we considered as legally separated?
Legal separation occurs when a court rules on the separation and division of property, spousal support, child support, or child custody without granting a divorce.
Is legal separation the same as a divorce?
Unlike a divorce, legal separation does not end a marriage.
What is included in legal separation?
Legal separation includes a court order outlining the rights and responsibilities of each spouse while they are living separately. While the couple in question does remain legally married, they live separate lives. Issues addressed in the legal separation agreement include:
- Division of Assets
- Child Custody
- Child Support
- Visitation
- Spousal Support
Pros of Legal Separation:
- Legal separation allows couples to live apart and away from a troubled marriage, giving them time to decide if divorce is the best solution for their issues.
- If your religious beliefs do not include divorce, you and your spouse may live separately while retaining your marital status for religious purposes.
- If you are a military spouse, remaining married for at least 10 years can achieve you benefits under the Uniformed Services Former Spouse Protection Act (USFSPA).
- Staying married for at least 10 years can gain you certain Social Security Benefits.
- Decisions stated in a legal separation agreement can be used in a divorce settlement agreement.
While not quite the same as a divorce, legal separation is about halfway there. Legal separation lets you live your life as if you were divorced, permitting you to decide if a divorce is in your best interest.
Are You Considering Legal Separation?
Find Information on Legal Separation at Divorcemediators.com


