Understanding Your Separation Rights Under Divorce Law

Understanding your separation rights under divorce law can be crucial in several ways:

  1. It can help you avoid common mistakes that hurt your case.
  2. It can help you decide how to split your property.
  3. It can also help you ensure that you obey court orders and provide your spouse with the support they need to maintain a reasonable standard of living.

Legal Separation

Legal separation can be the solution to a troubled relationship. It can help you get to a good place and make the next step in your marriage easier to manage.

When considering a legal separation, it’s essential to understand the nuances of the process. There are several things you need to know before you start. Some primary considerations are how long you can be separated, whether you can have a child, and the type of divorce you can get.

You’ll want to talk with a family law attorney about your options. If you and your partner have agreed to a formal separation, you can file for a judicial decree, which will formally separate you.

The legal separation laws of your state will vary. Many states will have a limited period you can be separated. Other states will allow indefinite separation. Visit to learn more about separation rights during divorce.

While legal separation can be an excellent way to preserve your rights and your assets, you should be aware that you won’t be able to inherit anything from your former spouse. You may need to get a divorce to keep your property rights intact.

Equitable Distribution

Equitable distribution is an important concept to understand during a divorce. This process ensures that assets and debts are distributed equitably between spouses. The property must be divided based on statutory factors, including each spouse’s economic circumstances, earning capacities, and length of the marriage.

Property division in a divorce can be emotionally draining. An excellent legal professional can help you protect your rights during the process. Before deciding to get a divorce, it is essential to discuss your options with a qualified divorce attorney.

Equitable distribution is used in non-community property states. These states have adopted a more sensitive approach to dividing the marital estate.

In equitable distribution states, divorcing couples can agree on dividing their property before the court intervenes. However, if the team can not agree, the court will take over and split the estate equitably.

During the separation, each spouse must provide the court with information about their income, expenditures, and debts. This information may include stocks and other investments, savings accounts, and business interests.

Post-separation Support

If your divorce has been filed, you may wonder if you qualify for post-separation support (PSS). This court order is designed to provide an income stream to help the dependent spouse meet their practical needs during the separation period. It is typically paid as a lump sum or monthly payments until alimony is awarded.

Your spouse must have been financially dependent on you to qualify for alimony. Often, this means you need more income to sustain yourself.

However, you do not have to be a rich man to qualify for alimony. The dependent spouse has to be able to show a financial need. They may demonstrate this through paychecks or bank statements.

The court will consider factors such as the length of the marriage, the parties respective incomes, and any legal obligations to support others. In addition, it will also consider any marital misconduct.

Compliance with Court Orders

If you are involved in a divorce, you must follow all court orders. Court orders can cover anything from alimony to child support. When a former spouse refuses to comply with court orders, they can be held in contempt of court.

A family law attorney can provide you with legal assistance in enforcing your court orders. 

When a former partner does not comply with court orders, it can create a lot of resentment. Moreover, it puts other partners at a disadvantage. It can even lead to jail time. To avoid violating a court order, hire an experienced attorney.

Courts can seize property and other resources if a party refuses to comply. They can also garnish wages and other sources of income.