A Separation Agreement can also be used for a husband and wife or married partners who have already decided that they will most likely divorce in the future. Note that our Separation Agreement is intended for married couples only. However, it can be used if you and your spouse are considered married via common law.

Can a military spouse retain spousal benefits after separation?

Some may decide to enter a legal separation indefinitely so that the nonmilitary spouse can retain some spousal benefits. In other cases, the military spouse may abandon his or her family. No matter what the military couple’s relationship problems are or reason for the separation, the nonmilitary spouse retains spousal benefits while separated.

What’s the best way to separate from your spouse?

As an example, a married couple may decide to temporarily separate in an attempt to help or save the marriage, or they may decide that living apart permanently, but remaining married, is the best solution for them. A Separation Agreement would be useful in both cases.

When is the best time to separate from your spouse?

The separation should be a short time to reflect. Believe it or not, many go on for years, both spouses waiting for the other to make the first move. The problem is, neither is happy, and one spouse (probably you) is stuck paying the bills.

Can a couple live apart after a divorce?

Being legally separated means spouses can live apart while retaining their marital status. The same issues addressed in a divorce are also addressed in a legal separation agreement. This can protect the interests of both spouses until a decision is reached on whether to file for a divorce or not.

What happens if you separate from your husband or wife?

In a legal separation, you and your husband or wife are still legally married, so you have the shared responsibility of caring for your child or children.

What does it mean to live apart from your spouse?

The term “Living Apart Together” means that two people who are in a romantic relationship choose to live separately. LAT arrangements vary; it can be a couple who is married or unmarried. Young couples, and older couples whose spouse may have passed on and choose to commit yet remain unmarried.