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What is Legal Separation Free Advice Law Advice Insurance Advice Community Law Advice Free Case Evaluation Ask a Lawyer Q amp A Legal Topics All Legal Topics Accident Law Bankruptcy Law Business Law Criminal Law Employment Labor Law Estate Planning Family Law Financial Law General Practice Government Law Immigration Law Insurance Law Intellectual Property Litigation Malpractice Law Personal Injury Real Estate Law Tax Law Small Claims Admiralty Maritime Aviation Law Family Law Topics All Family Law Topics Divorce LawChild CustodyChild SupportSpousal SupportMarriageAdoption LawDomestic ViolenceName Change Free Advice Law Advice Family Law Divorce Law Current Page What is legal separation Written by FreeAdvice Staff Sponsored Ad Legal separation sometimes referred to as a separation agreement is a formal judgment issued by a court of law that all the issues concerning a marriage have been resolved including child custody child visitation child support spousal support distribution of property attorney fees and personal conduct issues The only issue remaining to be resolved after a legal separation is marital status A legal separation judgment leaves a couple with the legal status of married persons while settling the respective rights and obligations that each spouse has to the other Spouses with a separation agreement are not free to marry since neither has been returned to the legal status of an unmarried person There are several reasons why a couple might choose to become legally separated One compelling reason is that legal separation can offer financial benefits including tax benefits and insurance benefits When a couple legally separates spousal support becomes deductible to the party paying the support which means that if one party is supporting the other or providing significant support sums payed in that regard are deducted from income despite the fact that the parties are technically still married If a couple opts to allow the spouse who pays the support to deduct support from income the couple may not then file jointly However since the couple is still married they may still choose to file a joint tax return despite the fact that they are legally separated if the filing benefits of filing jointly make doing so worthwhile In addition a separation agreement allows a spouse to maintain insurance benefits through the other spouses employer since the status of the parties remains the same married A divorce ends health coverage for the spouse of the employed party requiring the spouse to seek coverage through COBRA or otherwise Coverage through COBRA requires the spouse to pay the employer's portion of the insurance premium which may be substantial or lose coverage In situations where an employed spouse will be supporting an unemployed or underemployed spouse the cost of health care or health insurance could amount to a substantial expense in addition to support payments that could be avoided Legal separation may also help when a couple is in need of guidelines for dealing with co parenting support and property issues during separation but without beginning the divorce process During the divorce process temporary orders and other types of orders regarding property and children are put in place but couples may want to postpone beginning the divorce A separation agreement addresses all of the issues that are covered during a divorce but at the same time allows the parties to maintain their married status until they are ready to pursue the divorce Legal separation is also used when a couple wants to stay married for religious reasons or when divorce is not allowed or not recognized by their religion or church A separation agreement may also shorten the amount of time that a couple be required to live separate and apart in states where living separate and apart is required prior to a divorce For example a state may require that a couple live separate and apart for one year or alternatively the couple may live separate and apart for six months if they have a separation agreement and satisfy other eligibility requirements View Related Separation Articles View the Next FAQ Divorce Homepage All Legal Topics Find a Divorce Attorney Ask a Lawyer Didn't find what you were looking for Make it Social Must Read ArticlesDating While Divorcing The Legal Implications of Dating during SeparationWhat is legal separation Why have a legal separation If a couple separates pending a no fault divorce are they allowed to date each other during hellip Is there a divorce law requirement that I physically live apart from my husband while we are hellip My lawyer tells me that I should get a separation agreement when I get divorced What is it hellip The Benefits and Advantages of Legal Separation Select Practice Area Adoption Support amp Child Custody Arbitration Aviation Maritime amp Boat Accident Banking Bankruptcy Business Car Accident Civil Rights amp ADA Collection Construction Contract Copyright IP amp Trademark Criminal 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