Separation: Tips to Help

LEGAL SEPARATION VERSUS DIVORCE

By definition – and depending on the state – legal separation and divorce are different. Here is some information on both from the Colorado Center for Divorce:

1. Couples who file a decree of legal separation cannot remarry until the decree has been converted to a divorce or dissolution of marriage. 

2. Depending on the state, the absence of a written separation agreement, spouses who are legally separated most likely will retain their inheritance rights under state law.

3. While uncommon, certain couples may be able to maintain their insurance and retirement-related benefits after a decree of legal separation has been filed. This depends solely on the benefit provider’s policies.

4. In the event of a couple that has religious or moral objections to divorce, a decree of legal separation can be used to establish economic independence. Furthermore, the agreement can provide structure the parenting relationship and responsibilities as outlined by their beliefs.

5. Social security rules grant former spouses married 10 years or more, the right to receive retirement benefits based on the other's earning history. A couple can utilize a decree of legal separation to “buy time” while they satisfy the balance of this 10-year entitlement.

6. Lastly, for many married couples, separating while contemplating divorce is emotionally overwhelming. The idea of “legal separation” is often an easier way of introducing the concept of divorce into the relationship. Essentially, legal separation can begin the process of a divorce.


TIPS FOR A SEPARATION AGREEMENT

If you and your spouse plan on developing a separation agreement with or without the assistance of a mediator or attorney, there are a few things to keep in mind.

1. Financial Needs?
Depending on the established living arrangements, each party will need to establish a monthly budget. The budgets will depend on who will live where during the separation. In some situations, a couple may opt to host temporary support arrangements that allow them to finance two households with joint funds.

2. Custodial Questions
If there are children involved in the marriage, it is important to address issues surrounding the children. For example, were will they live, how often will they see the other parent? When, how and where will visitation take place. How will the parents communicate about the children and exchange information such as school updates? Lastly, who – if anyone – will pay child support during the separation and how will the financial needs of the children be met?

3. Property?
In general, the couple’s assets should be addressed. In some cases, it may be there is a need to freeze the assets until further agreements can be made. Or, the couple can opt to separate out their assets, including different bank accounts and miscellaneous funds. Lastly, the use of credit cards should be defined and settled on in the agreement.

4. Miscellaneous Issues?
Lastly, the couple can address their concerns and plans regarding life insurance policies, health insurance coverage, taxes, social security benefits, and beneficiary holdings.

 - Source, Centre for Mediation & Dispute Resolution Online & Colorado Center for Divorce 


Casey Clark Ney is a freelance journalist based in Boise, ID. She holds a B.A. in Communication and has more than six years experience in newspaper and magazine writing. Her Web site can be viewed at www.CaseyClarkNey.com. E-mail correspondences can be sent to caseyclarkney@earthlink.net.