what is separation in marriage

Separation in marriage refers to the situation where spouses in a marriage stop living together without getting divorced. There are different types of separation, including trial, permanent, and legal separation. In most states, only legal separation changes the legal status of the couple, but all three types have the potential to affect the legal rights of the spouses. A separation can be initiated informally, or there can be a legal separation with a formal separation agreement filed with the court. Separation can be used as an initial step in the divorce process or to gain perspective on the marriage and determine whether divorce is warranted. Other couples may separate as an alternative to divorce for economic or religious reasons, for tax purposes, or to ensure continuing retirement and/or health insurance benefits for both spouses. If a lawsuit occurs over the meaning of the separation agreement, the courts have traditionally favored the wife, on the theory that her dependency demands that she be protected. A legal separation does not dissolve the marriage contract but merely adjusts the couple’s obligations under it in light of their desire to live separately. Practically, however, separation is often a prelude to divorce.