Legal separation has much in common with a
divorce, and for some couples, it is only a stepping stone to getting a full-blown
divorce. For other couples, it allows them to separate without violating
their religious beliefs. Others find that legal separation gives them
breathing space from their spouse as they try to sort out their relationship.
In a legal separation, spouses are still legally married but live apart
from one another. There may have to be a written legal agreement that
addresses child custody, support payments, and more. But whatever the
reason for getting a
legal separation, it is important to understand one's rights throughout the separation.
What your rights are in the process of outlining the separation agreement
will depend on your situation. For example, if there is a considerable
disparity between both spouse's financial status, one spouse may have
the right to temporary
alimony. For a couple who has children,
child support payments may be necessary. Sometimes, one spouse will have the right to
stay in the family home, and perhaps the other spouse would still have
to pay the mortgage. It would also have to be decided who is responsible
for how much debt. A court would have to decide what is warranted in each
However, if one spouse simply moves out, but neither spouse files for divorce,
then they may be leaving their rights unprotected by failing to get a
separation agreement. We could take as an example when spouses agree that
one will pay the other support payments when one of them moves out. Then
if that spouse stops paying after a while, a court cannot force those
payments to be made, not if the other spouse did not protect their right
to alimony in a legal agreement.
If you need to get a legal separation, then you need trustworthy legal
counsel, a skilled family law attorney who can help you protect your rights
through a fair agreement. Learn how our Long Island family law attorney
can help you craft a separation agreement when you
contact the Meyers Law Group, P.C.