Legal Separation Many questions arise about whether a couple can obtain a legal separation instead of a divorce, and what the differences may be in those two proceedings. Generally, separations are informal. The couple simply decides to live on their own under some informal agreement with respect to property, alimony and/or child support and custody. These are often the most problematic from a legal standpoint because there is usually no written agreement about any of the items such as support of the spouses, property ownership, child support or custody. Thus, when something goes wrong, it is often difficult to determine a proper resolution. However, many couples decide on this type of arrangement as it offers the best prospects for reconciliation.

Legal Separations, however, are legal proceedings where the couple petitions the court to declare them separated legally, but does not dissolve the marriage. Almost all of the proceedings performed in a divorce are present and the time and money invested by the couple is almost identical, depending upon state laws.

Legal Separation is becoming less frequent since many states have determined that formal separations are to be treated as if they were divorces in reality. Thus, the separation agreement or process is required which involves court or legal filings, waiting periods and usually agreements addressing divisive issues. The result is that there is really no advantage to a formal Legal Separation, except in some complicated tax or related cases.

Generally, couples with specific reasons for doing so (usually related to high profile marriages or wealthy) obtain Legal Separations.

Physical Separation Separation between married couples is not a legal or formal process and is different from a formal Legal Separation. Couples who decide to separate their living conditions or other marital duties and responsibilities should exercise much caution, since they are treated as if they are still married for all intents and purposes, by entities or persons such as:

• Creditors
• Banks
• Employers
• Insurance companies

This means that while you and your spouse may consider yourselves separated, and even in some cases not married, the law does not. For example, your spouse's credit card debts will likely still be considered your own.

While you can make an agreement with your spouse about the liability for these types of issues during your separation, you should know that you will be forced to sue your spouse, if they breach the contract, and you will not escape the liability to the creditor.

For example, assume you and spouse separate and you make an agreement that he cannot charge items to the credit card in both of your names. After one month, he charges a diamond necklace to the credit card. Are you obligated to pay if your husband does not? Yes, unless you have taken significant steps to notify the credit card company your husband cannot use the card, which still may not be enough to free you from the obligation. Can you sue your husband? Yes, but that would likely be a waste of money.

If in your separation, you canceled all joint accounts and/or credit cards, you would have some protection. The problem, however, is that to adequately protect yourself from your spouse's debts or obligations, divorce may be the only real protection.

Contact member services to connect with an attorney that can help protect you in the case of separation.