What are your legal rights when separating?
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What are your legal rights when separating?
Rights to Property after Separation: When You're Married and Getting a Divorce. The benefit of getting married is that, in the event of a divorce or separation, you are entitled to a share of the property. The right to stay in your home unless a court order excludes it.
How long is a legal separation good for?
You and your spouse may remain legally separated for the rest of your life if you both choose to do so. Studies indicate that the overwhelming majority of married couples who legally separate get divorced within 3 years of their separation.
What’s the benefit of a legal separation?
A legal separation would mean one spouse may still be eligible for health insurance coverage from the other spouse's job, whereas a divorce would end this coverage. A legal separation also allows you and your spouse to continue filing taxes jointly, which can lead to some tax benefits.
Is a legal separation public record?
You may not know that most court documents are public record (meaning the public can read it) unless there is a specific reason why they shouldn't be. This includes your divorce papers (and even your Separation Agreement, if filed).
Who pays for a separation agreement?
If you and your spouse own a home, who pays for what will be outlined in the legal separation agreement as well as who will live in the home. When maintaining a home there are issues such as mortgage payments, utilities, lawn care, and maintenance that need to be considered.
What can void a separation agreement?
If the couple decides to truly reconcile, a separation agreement becomes null and void. The major exception to this is if there was a protective order as part of the agreement. In this case, there would be a breach of terms and it could have major consequences.
Why do I need a separation agreement?
Your Separation Agreement will clearly define the issues of custody and how you agree to parent your children and divide time with them. This will help to prevent constant bickering over child care issues. A well drafted and thoughtful Separation Agreement can help you do this.
