Reasons to Separate Legally

The main reason for obtaining a legal separation instead of an informal separation is to make the rights and responsibilities of the parties during the period of separation more certain. If one party--usually the wife--will be receiving financial support during the period of separation, the court order or written agreement will make support an enforceable right.

A separation (or legal separation) is not the same as a divorce. Persons who are separated may not remarry. They must wait until a divorce is final before being able to remarry. The terms of a separation agreement usually can be modified by the court or by the parties themselves during the period of separation. Courts, or the husband and wife by agreement, also can modify the provisions of support, custody and visitation when the divorce is finalized.