So, Elon Musk and Grime recently announced that they are now semi-separated. As much as everyone respects their decision and wishes them well, their announcement has left many wondering. Is that really a thing? Can a marriage be legally recognized as being a “semi-separation”?
Short answer, no. Of all the types of separation the constitution recognizes, semi-separation is not one of them. Here is a rundown on marriage separation and the crucial things you should know about it.
Difference Between Separation and Divorce
When a couple cannot make their relationship work anymore, they can decide to separate or divorce. Although the two concepts might seem similar, they mean two entirely different things.
In a divorce, a couple decides to dissolve their marriage permanently. They do this in court, and after the annulment, the two partners are legally seen as separate individuals.
Contrary to popular belief, not all divorces are a messy battle between estranged spouses. In an uncontested divorce, both parties come to a mutual agreement on how to separate their assets or care for their children. Then they submit their divorce papers to a judge to legally end their union. But where the spouses cannot agree on these crucial things, they now contest them in court.
On the other hand, a couple decides to live apart in a separation, although they are still recognized as married. “Living apart” here means living separate lives, even if they might still be in the same house. Separated couples usually agree on which assets they want to divide and the responsibilities they want to handle separately. These terms are then documented in a Separation Agreement and signed by both parties in the presence o their lawyers.
How to know if Separation is the Ideal Option for You
Depending on your marriage situation, you and your spouse might be better off separating than going all the way with an annulment. Here are some cases where separation could be a better option.
- You and your spouse are unsure of terminating your marriage but need some time away from each other to think of the next move to make.
- One or both of you have religious or cultural beliefs that frown on divorce, but you cannot stay in the marriage.
- You want to enjoy the social security benefits given to couples married for ten years and more.
- You two need to keep sharing health care plans.
- Uniformed Services Former Spouse Protection Act is a social benefit liable to military spouses married for ten years or more. You and your spouse might want to stay separated but not legally divorced so you can get this benefit.
- You two might want to keep filing for joint tax returns.
Types of Separation
There are three legally recognized types of separation.
- Trial Separation
Here, a married couple decides to live apart temporarily while they figure out if they should divorce. In this type of separation, there aren’t many changes to the relationship. The two parties would still be lawfully seen as married.
A trial separation would still require that you and your partner draw up an informal agreement. This is so the terms of your separation, even if it is temporary, might be clear.
- Permanent Separation
Here, the two parties live apart and have no plans to reconcile but don’t want to get a divorce. The way the law views permanent separation varies from state to state. But in most cases, a permanently separated couple is no longer entitled to sharing debts or property rights.
- Legal Separation
In this case, you can file a request in family court and legally separate from your spouse. The judge would then issue an order containing the terms and conditions of your separation, after which you two can live your individual lives.
However, although you two were living separate lives and were separated in court, you’re still legally married. So you cannot remarry unless you file for an official divorce.
Should You consider State Laws During a Separation?
Yes. Different states have varying laws concerning separation. There are some states like Florida, Delaware, etc, that do not even allow legal separations.
It’ll be in your best interest to find out more about the laws of your state before you separate. This would help, especially when determining the terms of your separation.
Questions You and Your Spouse Need to Answer Before You Separate
When you eventually decide on separation, there are essential decisions to prevent any form of future conflict. Questions surrounding crucial aspects of your union need to be tackled like,
● Type of separation: Would it be a long-term or short-term separation? Would you stay in the same house, or should one person move out?
● Informing the family: Separations can be a rude shock to family members of a couple, especially the kids. You two have to decide on the most considerate way to break the news to them.
● Cost of Separation: Separation can be a costly process. Lawyer fees and filing for a petition in legal separation would require money. So you and your spouse need to agree on how the expenses will be shared.
● Asset separation: It is advised to have this discussion with a lawyer representing you two. After which, both parties will sign a document containing the final decisions.
● Child care and support: The couple must agree on the best way to keep caring for their kids. The children’s opinions and needs should also be put into consideration while making this decision.
Conclusion
The dream of every marriage is to last forever. Unfortunately, that is not always the case as things like work, neglect, irreconcilable differences, and other reasons can get in the way.
For couples going through difficulties in marriage, separation could be the answer. Especially if, for some reason, divorce would not be in their best interest.
There are different types of separation couples can choose from. It would be wise to check the state laws concerning them to avoid any issues in the future. Couples that have decided on separating must do their best to resolve the terms of the separation amicably and ask all the right questions. This is to prevent any conflict in the long run.