In our previous post, we discussed some of the reasons why some couples want to end their relationship, but may not want to legally end it with a Florida divorce. Some of those reasons were due to religion, the housing crisis, financial issues or social security benefits.
We mentioned legal separation -- which is available under many state's family laws -- as an alternative to divorce as a way to end a relationship. An experienced family law attorney can discuss your options with you, figure out whether a legal separation may be the right answer and help draft any legal documents necessary for your situation. While the attorney can answer all the detailed questions, this post can help give you a general understanding of what legal separation is and why it can be helpful.
A legal separation acts much like a divorce settlement. The major difference is that the couple remains legally married under the eyes of the law and thus married for insurance, health care and many other reasons or purposes. A legal separation provides a couple with essentially a legally binding contract or document that allows them to set terms for alimony, child support, property division, debt allocation and other issues.
When a couple informally separates, the law does not recognize verbal agreements or promises that they make to one another. One spouse may agree to pay a certain amount of money as "support" for the other spouse, but there is no legal obligation to do so. The terms of the document can also ensure that both spouses are able to access certain accounts or prevent creditors from coming after you for debts that your spouse agreed to pay.
If a couple should choose to later divorce, the document can be essentially transformed into a divorce settlement agreement. You may use it as a template and make modifications for issues that arose during the separation. One carefully discussed and planned with an experienced attorney can help protect you during separation because as time goes on, we all know that our feelings can change and communication and cooperation between spouses could change.
Source: Forbes, "Legal Separation or Divorce: Which is Better Financially?" Jeff Landers, Jan. 10, 2012







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