Donald P. Schweitzer Premarital Agreements Law Blog on Lawyers.com

A divorce or dissolution of a domestic partnership puts a legal end to the relationship.  Both parties are free to remarry or register another domestic partnership.  While a legal separation may outline the same rights and responsibilities for the spouses as a divorce does, it does not put a legal end to the marriage or partnership.

The same issues addressed during the divorce process are also addressed in formation of a legal separation agreement.  Division of property, responsibility for debt, child custody and child support, spousal support, and visitation may all be part of a separation settlement.  A Divorce Mediator in Pasadena can protect both spouses’ interests until the decision is made to file for divorce. The separation agreement also sets a precedent for the divorce that may follow.

There are some advantages to obtaining a legal separation rather than a divorce.

Those advantages include:

• It allows couples time apart, away from the conflict of the marriage to decide if divorce is what they truly want.
• It allows for the retention of medical benefits and certain other benefits that divorce would bring to an end.
• If religious beliefs conflict with the idea of divorce, couples are able to live separately, but still retain marital status.
• A military spouse may wish to remain married for ten years to take advantage of benefits set up by the Uniformed Services Former Spouse Protection Act.
• Remaining married for ten years or more also makes certain social security benefits available to a spouse.
• Sometimes it is important to remain married to preserve health insurance coverage.
• If the decision to divorce is made, the legal separation agreement can be converted into a divorce settlement agreement.

Laws as well as customs governing separation and divorce vary state-to-state and certainly country-to-country, but often residency requirements for divorce or dissolution are waived for legal separation.  If a couple cannot divorce or dissolve, they can still avail themselves of all the legal protections available to divorced people, but live separately.

The most important fact about legal separation is that it is legal.  Don’t believe you can solve your marital or partnership difficulties simply by “splitting up” or deserting your partner or allowing yourself to be deserted.  Seek the advice of a family law attorney.  Mediate a separation agreement that is specific in assigning rights and responsibilities.  Make it legal.  You and your spouse will benefit, even if your separation is not permanent and you reconcile.  If you divorce, a well-crafted legal separation agreement will make the divorce process easier and less expensive.

Article By Pasadena separation agreement: 

Donald P. Schweitzer
201 South Lake Avenue, Suite 700
Pasadena, CA 91101
866-477-4485