A legal separation is essentially putting a pause on a marriage. Similarly to a divorce, there are many hurdles one must face when filing a separation, such as child custody, support, and visitation, division of property, etc. In contrast, when a couple separates, they are legally still married. However, they are living apart from one another for an extended period of time.

Couples may choose this route for many reasons, including:

• Opposition to a divorce due to religious reasons
• Eligibility or entitlement to a spouse’s government benefits, i.e. Social Security.
• Eligibility or entitlement to a spouse’s health or insurance benefits.
• The possibility of reconciliation or reuniting after spending time apart. With a divorce, you must remarry to be legally reunited. A separation is easier to reconcile.
• Retaining marital status: one cannot legally remarry if only separated as the marriage is not dissolved.
• Currently ineligible for a divorce due to state requirements or waiting period but want a legally recognised separation agreement until you are eligible.

When dealing with any sort of marital disputes, things can be incredibly stressful for both parties involved. This is why it is important to use a law firm you can trust.

Rieger, LLP is here to aid our clients through the extremely difficult circumstances surrounding divorce and separation. If you and/or your spouse are considering separating, or are debating whether separation is a good option for you, contact us today to schedule a consultation.