Pennsylvania Definition of Legal Separation
Problems in a marriage in Pennsylvania can result in what is called a "legal separation." In Pennsylvania, however, a legal separation is not recognized in the strictest sense of the term. People may be separated, but the separation is not legal until the couple files for, and is granted, a divorce.
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Separate Lives
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Legal separations in Pennsylvania are not recognized. However, a separation requires a definition of the time when the physical separation took place. A date or event that allows the court to examine the time frame for the separation is necessary.
Cohabitation
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Pennsylvania statutes determine the date when you and your partner last cohabitated or lived together. Once you stop living together, you can define a date for separation, although a legal separation is not recognized.
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When Ex-Couples Reside Together
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The date of last cohabitation can be difficult to define if one or both parties is estranged, but still sharing the same household. If your partner is no longer acting in the capacity of husband/wife, you are likely no longer cohabitating, even if you live in the same house.
Assets as a Couple
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Pennsylvania requires all parties, until a divorce is granted, to be responsible for any assets from the marriage. Until a judge rules on the separation of assets, both parties take responsibility for those items.
Debt as a Couple
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Debts accumulated by a married couple in Pennsylvania require both parties, even if living apart for extended periods, to be split by both parties. No one is responsible for any single debt accumulated until a divorce decree is upheld.
Paying for the Other Person
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Spouses, even when estranged, must provide for the support of the other spouse in Pennsylvania. Without a divorce, both parties may petition for support from each other for daily living expenses.
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