Married couples may decide to legally separate rather than divorce for various reasons. They may know they cannot live together happily but have religious objections to divorce. In other cases, the couple wants to remain married until they qualify for spousal Social Security or other benefits.
A legal separation with enforceable terms set by a written agreement is the answer for many couples. Speak with a New Canaan separation agreement lawyer when you and your spouse have decided to live apart. Our experienced family attorneys can walk you through the legal requirements and draft an agreement that achieves your goals.
Separation is different from divorce in several important ways. Separated spouses are not free to remarry, regardless of how long they have been apart. If they decide to reconcile, the separation is reversible. However, in other respects, including property division, a separation is similar to a divorce. The separation agreement must address the same issues that a divorce settlement agreement would cover.
Couples that separate must divide their property fairly. Anything either spouse owns at the time of separation and everything the couple owns jointly is subject to division. The split need not be equal. Many couples work with a mediator to resolve property division issues.
Sometimes, both spouses earn enough to be self-supporting, but in other cases, one needs financial support to maintain a separate household. The couple’s separation agreement should address whether either spouse will pay alimony and, if so, how much and for how long. A New Canaan separation agreement attorney can explain how the law treats ongoing spousal support in Connecticut.
Connecticut General Statutes § 46b-56a requires parents living apart to develop a formal plan to coparent their children. The plan must detail the parenting time schedule, who has decision-making responsibility, how the parents will resolve disputes, child support, and other relevant issues.
Parents must submit the plan to the court for approval. Connecticut favors parenting plans that allow the children to have substantial time with each parent, but all custody and parenting time decisions must serve the children’s best interests. A court may limit or restrict time with the children when there is evidence that spending unsupervised time with the parent is not in the children’s best interests.
The plan must contain provisions for child support. A formula calculates the amount of support required, but various adjustments for insurance costs, childcare costs, and parenting time can change the formula amount. A separation agreement lawyer in New Canaan can help parents determine appropriate child support in their specific circumstances.
When a court approves a couple’s separation agreement, it issues it as an enforceable court order. If one spouse violates the agreement, the other can petition the court to enforce the order and hold the non-compliant spouse in contempt.
Couples sometimes reconcile after a period of separation. If the spouses decide to move forward as a married couple, a lawyer representing one of the spouses can file a declaration with the court that they have resumed marital relations. In these circumstances, the court will void the separation agreement.
Couples often decide to divorce after a period of legal separation. At any point after the legal separation has entered, either spouse can petition the court for a divorce.
Legal separation can be an attractive alternative to divorce for some couples. To legally enforce the separation and protect each spouse’s interests, a couple must file a formal separation agreement with the court.
Contact a New Canaan separation agreements lawyer when you and your spouse consider a legal separation. They will discuss your goals and help you negotiate an agreement that will work for your family.
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