Legal Separation – How Can It Be Used?

Legal separation is an agreement recognized by almost every state out there, although not all couples opt for it. It is just like divorce in a lot of ways apart from one: you cannot remarry during marital separation as your marriage is still legally binding.

In the absence of a written separation agreement existing between the separating spouses, neither spouse is bound by law to share responsibilities during the period of separation. The court does not enforce any oral agreement between couples. When you create a separation contract of your own you can decide the separation terms yourself and not let the court decide the same for you. You can take decisions on child custody schedule spousal and child support if applicable division of your marital property etc.

How Can Legal Separation Be Used?

This contract can be used in various ways:

• If one of the spouses indulges in harmful and wasteful practices which can put the monetary stability of the family at risk, a marital Texas legal separation agreement can keep the assets safe by distributing the same into two separate classes. Assets obtained by one party after separation cannot be claimed by the other. Similarly, the debts of one spouse will not have to be paid by the other one, once the court order comes into effect. While the marital status stays put, the spouses are able to live separately.
• Legal separation can also be useful when spouses go through divorce but experience some problems which prevent them from carrying out vital tasks, such as tax filing. In all these cases one might need the help of the other and legal separation keeps the door open for either of them to stay in touch with the other while living separately.
• Others might be prevented from filing for divorce. It can also be that they might like to keep one another in their own medical insurance packages where leaving the plan would be disadvantageous to one party.

In a separation contract, some of the common terms that are covered include debts, Life insurance, pensions, property division, spousal or alimony support, Child support, visitation and custody etc.