About Separations
Separations often result when couples decide that they need a break from an unhappy relationship. A separation can also be an interim step after you have decided that your marriage cannot be saved. Separations may be short-term or long-term, depending on the needs of the couple and the reasons for the separation.
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Types
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During a trial separation, a couple lives apart for a certain period of time to determine if they want to eventually divorce. If a couple lives apart with no desire to consider reconciliation, they enter a permanent separation. In most states, debts incurred and assets acquired after the permanent separation belong to the individual alone, but certain debts during this period are considered joint debts if they are incurred to pay for the needs of children or in order to maintain mortgage payments.
A legal separation occurs when a court decides how marital property should be split, the amount of alimony and child support to be paid and custody arrangements for dependent children. In these cases, the couple may not plan on divorcing or may not plan to divorce any time in the near future for financial or religious reasons, but wants to ensure that they can live completely separate lives while still legally married.
Advantages
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If you aren't sure that you are ready to divorce, a separation gives you time to think about the state of your marriage and decide if you want to continue to be married. If you wouldn't be able to afford health benefits on your own, a legal separation may be a good option, as it enables you to keep medical and dental benefits if you are named on your spouse's plan. Remaining married for an extended period of time can also be helpful if you want to retain certain types of benefits offered to former spouses. The Social Security Administration requires that couples remain married for 10 years in order to be eligible to receive a portion of the spouse's benefits upon retiring. The military also offers former spouses certain benefits if they remained married for at least 10 years.
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Disadvantages
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Maintaining two separate households is more costly than maintaining one home with your spouse and it can be a struggle to find affordable housing on your own. If you are separated without a legal order, you may find that you are responsible for debts incurred by your spouse during your separation. If your spouse is vindictive, you could find yourself facing large debts.
Separation Versus Desertion
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The court defines desertion as one party leaving the other with no intention of returning to the marital home. Separation is a mutual agreement to live apart. Constructive desertion occurs when one person forces another to leave the home. Constructive desertion may result if one spouse leaves the other due to abuse.
Planning
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If you are thinking of separating from your spouse, it is a good idea to copy all records of your financial accounts and debts, including loans, bank accounts, pay stubs, credit cards, stocks and mortgage and tax information. Should you decide to divorce, you will need this information. Financial records will also be needed in order to receive a temporary support order during your separation. A copy of your personal credit report will help you determine how difficult it will be to rent or buy a house or apartment based on your credit record alone. If your personal credit record is sparse, it may be a good idea to begin to establish credit by applying for a credit card in your name. It is also wise to open bank accounts in your name only and begin maintaining a separate financial identity.
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