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ABA Family Legal Guide

Family Law

3.4 Separation, Annulment, and Divorce

Separation and Separate Maintenance

  1. What is a legal separation?
  2. Does a person have to be legally separated before obtaining a divorce?
  3. Is there an advantage to a legal separation?
  4. Are there any tax advantages to a legal separation?
  5. Why would a spouse who is receiving support agree to this arrangement if it results in more taxes for her or him and a tax advantage to the other spouse?
  6. Are there psychological advantages to a legal separation?
American Bar Association Family Legal Guide
Copyright © 2004 American Bar Association
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