Definition of Legally Separated Couples

Legal separations act similarly to divorces. In cases of legal separation the court decides how assets are divided. The court provides a ruling for child support, spousal payments and custody if applicable. The division of property in a legal separation is usually the same if the couple proceeds with a divorce.

Significance

Couples who are legally separated are still legally married. Money paid to a spouse is called separation maintenance as opposed to alimony.

Benefit of Legal Separation

Married couples may prefer to stay married for religious or financial reasons. A legal separation addresses the same issues as a divorce, while allowing the married couple to enjoy the financial benefits of marriage.

Considerations

A legal separation allows married couples to work out their problems or resolve financial and family concerns should they proceed with a divorce in the future.

Misconceptions

If you're covered by your spouse's health insurance plan, you'll continue to be covered under a legal separation. This benefit expires if the married couple gets divorced.

Expert Insight

You must file the appropriate papers with the court for your separation to be considered legal. Either you or your spouse must leave the home you shared as husband and wife.