Some couples choose to separate before they divorce. However, while in Pennsylvania the court will not officially recognize a legal separation, proving to the court that you and your spouse were living separately and apart can be an important factor in a divorce.
What Does Living Separate and Apart Mean?
Living separate and apart means that a couple has decided to stop living as a married couple, even if they are continuing to live under the same roof. They sleep in separate bedrooms, do not entertain guests together, and generally maintain separate lives. It is usually implied that they have also ceased to have sexual relations. When couples live “separate and apart,” it is understood that neither spouse has engaged in any of the aspects that define a marital relationship.
Why Do Some Couples Choose to Live Separate and Apart?
There are many reasons why couples might choose to live separate and apart before seeking a divorce. For some couples, this might be a short-term situation, but for other couples, this might be the ultimate solution to their issues. Some of the reasons couples choose this include:
- Needing time to decide if they want to proceed to a divorce or continue working on their marriage
- Dealing with religious or cultural pressures that frown upon divorce
- Retaining access to benefits such as health insurance, tax breaks and military benefits
- Saving money while both people explore separate housing arrangements
- Providing stability for the children
Crafting a Legal Separation Agreement During this Period
When couples live separate and apart, they might also choose to negotiate a separation agreement. Each spouse will want to work with their own divorce lawyer to prepare the agreement, which is in some ways a postnuptial agreement.
Such an agreement is one way to establish clear rules about how the separation might work. This might also help them prepare for their divorce settlement negotiations. Some of the things couples can include in a separation agreement include:
- Each person’s responsibility for paying bills
- A child custody schedule
- A schedule and rules for the use of the family home
- Child and spousal support payments
How Living Separate and Apart Can Be a Precursor to Divorce
When a couple is struggling in their marriage, they might want options to resolve the issues. However, if the couple chooses to proceed with the divorce, there must be proof that the marriage has ended. Living separate and apart is one way to show this.
In a no-fault divorce, for example, living separate and apart can be the grounds on which a divorce is granted, even if only one spouse files the divorce complaint that the marriage is irrevocably broken. If that spouse provides proof that the spouses have been living apart consistently, the divorce might be granted even if the other spouse does not provide their consent.
Once a spouse files a complaint for divorce, the court presumes that at least from the date that the complaint was served on the other spouse, if not earlier, the spouses were living separate and apart. During this time, each spouse could consult with their divorce lawyer to begin their plan for the divorce negotiations. The couple might choose litigation to resolve their divorce issues, but they might also consider other divorce options, such as mediation, arbitration, or collaborative divorce. These options, along with a no-fault divorce, might help couples avoid a costly and drawn-out divorce process.
Find a Divorce Support Team That is Right for You
Having a divorce support team is important to help you make the best choices during the process. Having a team that will listen to your concerns and answer your questions honestly while guiding you through your divorce can help you achieve your goals. At the Law Office of Joanne Kleiner, we can provide the assistance you seek. Call us today at 215-886-1266 to schedule a consultation with Joanne Kleiner at our Jenkintown offices.
Leave a Comment