Are You And Your Spouse At An Impasse? Why You Need A Legal Separation

If you and your spouse are at an impasse, but you're not sure you're ready for divorce, a legal separation may be the course you should take. Legal separations give you the space you need to work on your marital problems, while providing you with the groundwork should divorce become the only option. However, there are a number of other reasons why you should consider a legal separation, even if you anticipate a reconciliation.

You Want to Formalize Support Payments

If you're going to be paying support to your spouse, either spousal or child, you want to make sure that those payments are formalized. A legal separation will identify the amount of support to be paid, and will provide evidence of payment should you and your spouse proceed to divorce. The last thing you want is to provide months, or years, of payments, only to have your spouse go to court and state that you never paid, or that you agreed to a higher payment. The legal separation will create a formal document certifying the agreed upon support payments.

You Want to Secure the Visitation Orders

If you and your spouse have children, you want to make sure that visitation goes off without a hitch during the separation. That can be difficult to do without a formal visitation agreement. With a legal separation, you can secure those visitation orders, regardless of who has physical custody of the children at the time. Children need a loving relationship with both parents. However, they also need stability, and a schedule they can depend on. The visitation orders contained in a legal separation will provide your children with the ability to have both.

You Want to Protect the Marital Assets

If you have marital assets that you want to protect while you're separated, you need a legal separation. This is particularly important if you and your spouse own a home together. During the separation, you'll need to determine who will reside in the marital home, who will be responsible for mortgage payments, and who will cover the repair costs. Your legal separation agreement will cover all those issues so that there aren't any questions about responsibility. The legal separation agreement can then become the basis for your marital separation agreement, should you decide on divorce later on.

You Want to Avoid Possible Liability

If your spouse is sued while you're separated, and you haven't obtained a legal separation, you could be held jointly responsible during the suit. This includes car accidents, or injuries incurred on the marital property. However, it also includes lawsuits brought against your spouse if they own a business that your name is attached to. By obtaining a legal separation, you can create a legal division between you and your spouse that will protect you against legal problems stemming from their actions.

If you and your spouse are having marital problems, you need to speak to a separation agreement attorney about a legal separation.

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