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Grow Your Practice What Is Marital Separation? A marital separation is when a married couple decides to legally separate and live separate lives, this often happens while considering a divorce. Some couples may prefer a legal separation instead of a divorce due to religious beliefs, tax issues or other financial matters.What does it mean to be legally separated from your spouse?
Featured In. Separation means that you are living apart from your spouse, but you’re still legally married until you get a judgment of divorce from a court (even if you already have a judgment of separation). However, generally a separation does affect the financial responsibilities between you and your spouse before the divorce is final.How does legal separation affect my legal status?
In most states, only one (legal separation) changes your legal status—but all three have the potential to affect your legal rights. If you and your spouse need a break from the relationship, one option is to live apart while deciding whether to divorce—a "trial separation."What happens to a separated spouse if the spouse becomes incapacitated?
Barring legal documents to the contrary, a separated spouse still has the responsibility of making critical life decisions if their spouse becomes incapacitated. Separated spouses can reunite. They may have to notify the court that the separation agreement is no longer valid, if they have filed one.