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What is a separation?

A separation is when two people in a domestic relationship decide to end their relationship and live separate and apart. There is no official designation given to couples who chose to separate. However, you and your partner will need to figure out how to divide the life you have built together, keeping in mind you don’t qualify for the same legal rights as married couples.

The best way around this problem is to create what is known as a separation agreement.

This is a document that allows separating couples to determine how they would like to divide their affairs. Since divorce can only be granted to married couples, others who are in an adult interdependent relationship need to rely on another set of legal rights to protect their interests.

However, instead of allowing the fate of these interests to be decided upon by a judge, many couples opt for create this separation agreement themselves. Most couples are more likely to stick to an agreement if they had a hand in creating it.

If you are separating from your partner, it’s important to seek legal counsel to determine what legal rights do possess, and how to best protect your financial interests.

Separation is for married couples too

If you are married, you may choose to only separate from your partner, not divorce. A divorce allows you to remarry. For older couples who are closer to retirement and receiving their pensions, they may decide to separate only, but not divorce as they don’t plan on remarrying.

If you remain separated from your spouse for a year, your relationship will be considered over. To figure out the logistics of separating but not divorcing, it’s best to consult a family lawyer to understand what impact this could have on your future.

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