Questions About Legal Separation

A legal separation action is comparable to a divorce proceeding, except that the parties marital status is not terminated.  Parties seek legal separations when they do not want to be divorced for religious reasons, or to assure certain other benefits, such as continued health insurance coverage.  Both parties to a marriage must agree to a judgment of legal separation, as opposed to a divorce.

An action for legal separation is different from the concept of the date of separation.  This latter concept is an issue in divorce, and is the date when at least one of the parties decides to end the marital relationship.  From this date forward, earnings of spouses are no longer community property.

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