Not all couples end up divorcing. Some may request for a separation for religious or personal purposes whereas some couples may be going through a separation in order to determine whether their marriage is heading towards divorce. According to the US Census, over 2% of the population claimed to be separated from their partner in 2010. If you are going through the same ordeal, you want to know the legal playbook in and out. Spouses who are having difficulty financially due to the separation can actually request for separation maintenance, which is similar to alimony and custody.
The Basics of Separation Maintenance
Separation maintenance is basically an allowance that is paid by one spouse to the other in order to help with financial difficulties that have resulted from the separation. If the two partners can establish that they are no longer living together, but would not like to get a divorce, they can outline the terms and conditions of separation maintenance.
Separation maintenance basically involves dividing all assets and debts of both parties. It also includes setting up and deciding on custodial arrangements of any children that are in the marriage, and also any child support payments that may need to be made. Although a separation maintenance agreement is similar to arranging alimony and child support, it is not the same. Both parties are technically not divorced yet, and do not have the option of going out, finding another beau, and remarrying until a divorce agreement has been drafted and finalized.
Information Needed for Separation Maintenance
If you decide to go ahead with separation maintenance, you need to understand that this process has the same waiting periods as divorce, and will cost just as much. If you are looking for separation maintenance payments to help sustain your quality of living, you will need to prove that your quality of living will be greatly depreciated as a result of the separation, and you may also need to prove that your spouse has the financial ability to make the payments that you are requesting.
In addition, you will also need to determine the type of custodial arrangements that you are most comfortable with. If you and your spouse are fighting for custody, you will definitely want to speak with a local divorce attorney to determine what your options are at that point. You will need to gather evidence regarding why you may be a better provider, and you will also need to verify the information that you have provided to the court regarding the amount of child support that you have deemed as reasonable.
Separation maintenance is not as easy to deal with as it may sound. In fact, some people claim that filing for separation maintenance is just as difficult as filing for divorce, if not more. Speak with a local divorce attorney like Madison Law Firm PLLC in order to determine what your rights are, and how you should approach the situation, especially if you are looking to become separated for the time being from your spouse, and not divorced.