The Different Types of Separation and How They Apply

A separation is not the same as a divorce, but it often serves as a prelude to the dissolution of a marriage. In a separation, spouses live apart from each other, but are still legally married until they get a judgment of divorce from a family law court.

There are several different types of separation, which are as follows:

• Trial separation: A trial separation typically occurs when a couple decide they need a break from their relationship and choose to live apart while they either seek counseling or decide to get divorced. The same legal rules apply to trial separations as marriages in terms of property ownership, taxation and responsibilities for debts. A trial separation does not legally change the status of the relationship.
• Permanent separation: If you live apart from your spouse without intending to reconcile but have not yet divorced, you are permanently separated. There are some locations in which permanent separation can change property rights after a certain amount of time and if there is no intent to reconcile. In such cases, assets and debts acquired during the separation are the property and responsibility of the spouse who acquires them.
• Legal separation: You can file a formal request for a legal separation in family court. This is not the same thing as a divorce — you cannot get remarried, and the marriage hasn’t officially ended. However, the court will rule on arrangements for property and debt division, child custody and alimony during the course of the separation. Some people continue living under a legal separation arrangement for many years.

To learn more about the various types of separation and whether this is a viable or worthwhile option for you to consider, work with a skilled Long Island family law attorney at Bryan L. Salamone & Associates.