Whether you are looking at marriage restoration or there is a possibility of an impending divorce, In particular, there are a number of specific financial concerns that can have a huge effect on a couple’s decision to remain separated without a getting divorced, whether they live apart or under the same roof.
When you and your spouse decide to legally separate, you can use a Separation Agreement to work out a division and maintenance of your property, assets and financial liabilities.
Dating during a separation period could permanently bar you from alimony and may affect custody, no matter what your separation agreement says. Just being seen in suspicious circumstances may be enough proof.
Family Courts do not require proof that you’ve actually committed adultery; it is only necessary to prove that you had the inclination and the opportunity.
By definition, a legal separation is a court order that mandates the rights and duties of a couple who live separately, even as they remain married.
A mediator or an attorney can help you and your partner reach a separation agreement.
In addition, if you are estranged from your spouse, and he or she relocates while you are separated, you may have a very difficult time finding them when you do decide that you want a divorce, perhaps in order to remarry.
Non-marital property is property that was acquired by a spouse 1) before the marriage or 2) by inheritance or gift to the spouse alone during the marriage, or 3) is excluded from marital property by a written contract or prenuptial agreement.
If excluded by a prenup, it’s most likely to be considered fair and equitable as long as voluntarily signed by both parties while represented by separate counsel, and with a full financial disclosure to each other on income, debts, and assets, as required by family court rules.