A legal separation involves a formal decision by the married or cohabitating couple to live separate lives. If a divorce is requested, the court will require the separation agreement (or interspousal contract) to be filed with the pleadings requesting divorce.
There are many reasons a couple would choose a legal separation. It is usually required by the court before the spouses can proceed with a divorce. Some couples may choose a legal separation if their religion prohibits divorce. Other times, a couple selects legal separation if they may hope for a reconciliation.
Like a divorce, a legal separation requires the couple to divide assets, make custody and parenting decisions, and typically ends a spouse’s ability to spend freely from joint accounts.
Note: The information in this blog is not legal advice. Consult a lawyer for advice for your situation.