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Separation is a different status from divorce or marriage. Some states require a separation or waiting period of 10 to 180 days before finalizing a divorce. Other people may choose separation to see if they can live apart or if distance helps them reassess their marriage. Some people practice a religion that does not allow for divorce, so separation is the only option they have if the marriage does not work.
No matter the reason for choosing separation, one thing is for certain. A separation agreement helps the parties stay on the same page and treat each other fairly. It can also make divorce easier if that becomes the ultimate decision.
Separation vs. Divorce
It is important to understand that separation, even permanent separation, isn’t a divorce.
Separation doesn’t return parties to single status. The marriage is legally intact, even if they don’t live together. They may date other people, but they can’t marry someone else. Also, separated parties usually keep one another on health and life insurance policies.
The parties can’t file joint tax returns and must use married filing separately or head of household status (if physically apart for at least six months). But if the separation agreement is informal and not filed in court, joint filing may remain an option.
Types of Separation
There are three types of...
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