Legal Separation (by Agreement or Order)
A Separation Agreement is a binding voluntary agreement entered into by two spouses that wish to separate, but not yet divorce. While a Legal Separation can also be established by Court Order, it most typically occurrs after negotiation and Agreement. The document addresses the same concerns and consideration as a divorce does, ranging from custody, visitation, child support, spousal support, equitable division of assets and liabilities. There are some advantages to Legal Separation, depending on the situation of those involved. Some spouses may not be ready to divorce, wish to have time apart for the chance of reconciliation but also want the protections a Legal Separation can bring. Others may want to keep medical insurance coverage, or qualify for certain financial programs and tax advantages that may be available by staying legally married.