Why separate

For example, if your spouse left in a huff and spent a month sleeping on a friend's couch, but you didn't discuss divorce until the month had passed, the date the separation became permanent might be unclear. And that means that if your spouse received a big bonus at work during that month, you might be able to argue that part of the bonus belongs to you. If you move out of the house and don't expect any long-term reconciliation with your spouse, think twice about going out together or spending the night together just for old times' sake.

If you do briefly reconcile, you risk changing the date of separation and becoming responsible for your spouse's financial actions during a period when you thought you were responsible for only your own. Once you permanently separate from your spouse and have made basic agreements about your joint assets and debts, you don't have to divorce right away.

You might decide to remain married for a variety of reasons, such as a desire to not disrupt your children's lives or in order to retain insurance coverage.

Or, sometimes maintaining the status quo is just easier than pursuing a divorce. On the other hand, you might decide to divorce as soon as you can get the paperwork finalized, or, if your state has a required separation or waiting period, when that period is over. Some states' laws require spouses to separate before a court can finalize their divorce.

The details of state laws on required separations vary—for instance, many states require spouses to live "separately and apart" for a period of time before the court will accept a petition formal request for divorce, while others don't require separation until after the petition is filed.

If you file before you've met the separation requirements, the court may dismiss your case. Other states might require spouses to separate while the divorce is pending. Many state laws that require separation before divorce have exceptions to the separation requirement or apply to only certain types of marriages. For example, Arizona requires a separation period only for couples who are ending a " covenant marriage ," and Nevada requires a separation unless the couple is filing a no-fault divorce alleging "incompatibility.

In some but not all states, you can legally separate from your spouse by filing a petition request in family court. Being legally separated is legally different from being divorced or married—you're no longer married, but you're not divorced either, so you can't marry anyone else. A judge who grants a petition for legal separation will enter an order that includes specifics about property division, alimony, and child custody and support.

In this way, a legal separation order is similar to a divorce decree. If the spouses decide to divorce after a legal separation order is in place, they could choose to use some or all of the terms of the order in a marital settlement agreement. People choose legal separation as an alternative to divorce for a variety of reasons, such as:.

An important note: If you're considering a legal separation instead of divorce so that you can keep insurance benefits, check the insurance plan before making the decision. Some consider a legal separation the same as a divorce for purposes of terminating health benefits.

JavaScript is required for full functionality of this site. Learn how to enable JavaScript in your web browser. One of the main reasons business owners set up an LLC or corporation is to protect their personal assets. When this happens, creditors may go after your personal bank account, investments, home, or other assets to collect on unpaid business debts.

To avoid this scenario, you should maintain a separate business bank account and not use it for personal expenses. For this couple, divorce holds nothing positive. It would erode their joint fortune and diminish the money available to their two children. In the man's case, getting a divorce would only make him available for remarriage, an idea he hardly relishes. This estranged couple had their relationship formalized in a Separation and Property Settlement Agreement drafted by their attorneys.

For them, it was the best route to new and separate lives. As is common, separation can also be the first step along the journey to separate lives. Not quite permanent or irrevocable, separation enables the two individuals to get a taste of what it would be like to exist apart — to manage separate households, separate finances and separate selves.

Though separation isn't always the first step toward divorce, it often ends up as just that. If you enter separation believing it's just what you need to heal your marriage, you may be kidding yourself. The best way to work out marital problems is usually under one roof.

Most of the time, separation is a preamble to divorce — even if that was not the original intent. A Dallas couple we know opted for a long-distance relationship as a means of gaining perspective. The decision to separate was facilitated when the woman was offered a job in Des Moines. Unfortunately, her husband began feeling so resentful when she actually left that, ultimately, he could not accept her back into his life. He felt this way despite the fact that he was the one who had encouraged her to leave in the first place.

Another example involves a woman who married the first boyfriend she ever had right after college. As the marriage went on, he became increasingly critical and angry. Psychological abuse is the term that comes to mind.

Yet because she'd never really been alone, she could not imagine life without him. Finally, through therapy, she was able to take what she thought would be a short hiatus from the marriage. She never imagined that during this break she would experience a return of self-esteem, enthusiasm and even joy. As a step before divorce, physical separation has emotional and legal implications that you need to understand.

Decisions made during separation often become stamped in stone, and anyone separating without the appropriate strategizing and protections can suffer unpleasant repercussions for years. Indeed, the legal arrangements made for separation often can't be renegotiated for the divorce; those who decide to let things go, believing they will have another chance at a fairer deal later, are sorely disappointed most of the time.

The emotional tenor of your breakup and, by extension, your separation, can impact the legal outcome of your divorce. Separation is such a naturally turbulent and overwhelming period that it lends itself to rash decisions driven by emotions like guilt and anger.