Different Types of Separation

What does it mean to be “separated”? Learn how to tell the difference between a trial separation, a permanent separation, and a legal separation.

Even if you have a court-ordered “judgment of separation,” separation is not the same as divorce in marriage. When you live apart from your spouse but stay legally married until you secure a divorce decision, you are said to be separated. While a separation does not end your marriage, it does have an impact on your financial commitments to your husband until your divorce is finalized.

There are three sorts of separation: trial, permanent, and legal. Only one of the three (legal separation) changes your legal status in the majority of states, but all three have the potential to limit your legal rights.

Trial Separation

If you and your spouse feel the need to take a break from your marriage, one choice is to live apart while contemplating whether or not to divorce, a procedure known as “trial separation.” During a trial separation, little changes legally; all applicable marital property rules remain in place. For example, during the trial separation, a court will regard the money you earn and the objects you buy to be property acquired by a married person. This usually indicates that you and your spouse (depending on your state’s property ownership laws) jointly own the property.

It’s a good idea to establish an informal agreement defining the separation terms if you and your spouse separate but hope to reconnect. For example, your trial separation agreement could include the following clauses:

• whether or whether you’ll continue to share a bank account or credit cards.
• how do you plan to budget your expenses
• who will live in the family home in the future
• how you plan to divide your spending, and
• Discuss how and when you will spend time with your children if you have them.

You might be able to use this trial separation agreement as a template for a marriage settlement agreement if you decide to divorce.

Your trial separation becomes permanent if you and your spouse agree that reconciliation is impossible.

Permanent Separation

The law considers you to be permanently separated if you live away from your spouse with no intention of reconciling but are not divorced.

How Does Being Separated from Your Spouse Impact Your Rights?

A permanent separation may affect the property rights of spouses, depending on local law. Assets and debts obtained after a permanent separation, for example, are regarded to belong solely to the spouse who acquired them in some states. When a couple is permanently divorced, each spouse becomes solely responsible for any debts that have accrued. Couples who divorce lose their claim to any property or income earned by the other for good.

What Is the Importance of the Final Divorce Date?

Because spouses’ rights to each other’s property and duties to pay debts change dramatically as of the date of their final separation, spouses typically quarrel fiercely about the exact date of their permanent separation. For example, if your husband left in a huff and slept on a friend’s couch for a month, but you didn’t talk divorce until after the month had passed, the date the separation became permanent may be ambiguous. That implies you could be eligible to claim a portion of your spouse’s bonus if he or she received a large bonus at work during that month.

If you’ve moved out and don’t expect a long-term reconciliation with your husband, don’t go out or spend the night together only to relive the good old days. If you reconcile for a short period, you risk changing your divorce date and being financially responsible for your spouse at a time when you thought you were entirely responsible for your own.

You are not obligated to divorce your spouse immediately after you have formally separated and made fundamental arrangements over your joint assets and debts. You can decide to stay married for a variety of reasons, such as to prevent upsetting your children or to keep your insurance coverage. In other circumstances, maintaining the status quo is simply more convenient than going through with a divorce. You may, on the other hand, elect to divorce as soon as the paperwork is completed, or when your state’s statutory separation or waiting period expires.

Is it necessary to separate before divorcing in my state?

Separation of spouses is required in several places before a divorce can be finalized. Many states require spouses to live “separately and apart” for a defined period of time before the court would accept a divorce petition (formal request), while others do not require separation until after the petition is filed. The court may dismiss your lawsuit if you file before completing the prerequisites for separation. In some states, spouses may be required to live apart during the divorce procedure.