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Can we get a legal separation while living together?

Can we get a legal separation while living together?

Q: Does a husband have to support his wife during separation?

During separation, a husband may have a legal obligation to support his wife, depending on the terms of a separation agreement or state laws. This support can include financial assistance for living expenses or health insurance. It's important to clarify these obligations in any legal documents to avoid disputes.

Full question:

Can my husband and I (56 yrs married) get a legal separation, maintaining same residence, in order to legal split expenses of maintaining the home and auto expenses. I pay all bills because I STILL WORK AT 75. NOW HE INSISTS ON GOING BACK TO COLLEGE AT 76. I MAINTAIN IF HE HAS RESOURCES FOR THAT HE CAN HELP ME WITH EXPENSES.I AM DROWNING TRYING TO DO IT ALL. THE RELATIONSHIP IS NOT GOOD - NO QUALITY TIME TOGETHER.I HAVE ALREADY MOVED INTO SPARE BEDROOM. HE TOOK 15 YEARS OF OUR EARLY MARRIEGE TO GET 5 YEARS EDUCATION. I HAVE HAD ENOUGH.

Category: Divorce
Subcategory: Legal Separation
Date: 04/07/2025
State: Florida

Answer:

If the court determines that the marriage is not irretrievably broken, it will deny the petition for dissolution of marriage. Living together may suggest that the marriage is not irretrievably broken. You might consider other options, such as maintaining separate bank accounts, and consulting a financial advisor.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the disadvantage of legal separation?

One disadvantage of legal separation is that it may not provide the same legal benefits as divorce. For instance, you may remain legally married, which can affect tax filings, inheritance rights, and health insurance coverage. Additionally, if you live together during separation, it could be argued that the marriage is not irretrievably broken, complicating any future divorce proceedings.

Why is legal separation being discouraged?

Legal separation is often discouraged because it can prolong the emotional and financial strain of a troubled marriage. It may also complicate future divorce proceedings, as courts might view cohabitation as a sign that the marriage is still intact. Many couples find that divorce, although difficult, can provide a clearer path to moving on.

How to start the process of separation?

To start the process of separation, it's advisable to consult with a family law attorney to understand your rights and options. You may need to draft a separation agreement outlining financial responsibilities and living arrangements. Filing for legal separation in court typically requires submitting a petition and attending a hearing, depending on your state's laws.

Does a husband have to support his wife during separation?

What voids a legal separation?

A legal separation can be voided if the couple reconciles and resumes living together as a married couple. Additionally, if one party files for divorce, the separation may become moot. Changes in circumstances, such as one spouse moving out permanently or significant changes in financial status, can also affect the validity of a legal separation.