Legal Separation

Legal Separation

Legal separation is similar to divorce in that property and debts are divided and assigned, child custody and support is determined, and spousal maintenance may be awarded, but parties remain married at the conclusion. It is important to discuss this option carefully with your legal advisor. After six months, either party may convert a Legal Separation to a Dissolution of Marriage by filing a motion to the Superior Court.

Reasons to consider legal separation instead of divorce may include:

  • Retention of employer-sponsored health and medical benefits for both spouses
  • Religious tenets forbidding divorce
  • Uncertainty about whether to permanently end the marriage