ABA Family Legal Guide

Family Law

3.4 Separation, Annulment, and Divorce

Separation and Separate Maintenance

Is there an advantage to a legal separation?

That depends on the needs of the parties. A legal separation offers a structure for the parties while they are waiting for a divorce (or while they are considering a divorce). If one spouse is paying support for the other spouse or for the children, the spouse receiving the support may want the terms put in writing. Similarly, one or both parties may want a fixed schedule of who will be with the children at what times. If these terms are part of a written agreement or court order, the parties know what to count on, and a party can go to court to seek enforcement if the other does not abide by the agreement or order. In addition, if one or both of the parties wish to obtain a religious divorce or annulment, a legal separation may provide useful transition while waiting for action by the religious tribunal. After the religious annulment or divorce is granted, the legal divorce may proceed. Depending on the wishes of the parties and tenets of the religion, the legal divorce could precede the religious divorce or annulment.

Most medical plans permit a legally separated spouse to continue to be covered in a family plan without additional cost. The parties may also file joint income tax returns if they so desire.