Legal Separation
Columbia Family Law Attorneys—573-303-5530
Legal separation allows a married couple to effectively divorce without completely terminating their marriage. This is a tool that can be used for couples who have strong religious convictions about divorce. You may also want to legally separate instead of divorcing if staying married allows you to enjoy specific benefits, such as continued health insurance coverage and neither of one of you intends on remarrying any time soon.
Although legal separation is not a divorce, it can be just as complex as one. Before you get too far ahead, make sure you are taking the right steps by retaining our Columbia family lawyers at Columbia Family Law Group, LLC. We are highly educated in this area of law, compassionate about helping families, and our customer service is unmatched.
Read More Testimonials from our Clients!
How Legal Separation Differs From Divorce
Many people assume that a legal separation is simply a step towards a divorce. However, in Missouri, this is not always the case. A legal separation has its own legal status and court process with a final decree that differs from that of a divorce. The main difference is that after a divorce, both parties are free to remarry, while after a legal separation, neither party can remarry as the marriage remains legally valid.
Beyond this single distinction, the two processes are remarkably similar. Both involve the court resolving the same core issues – property division, debt allocation, child custody, child support, and spousal maintenance. Both lead to enforceable court orders. Under § 452.360 RSMo, either spouse can convert a decree of legal separation into a divorce after 90 days if circumstances change.
Common Reasons Couples Choose Legal Separation
There is no single reason why a couple might choose to pursue legal separation instead of divorce. The decision is a personal one, and the best choice will depend on your unique financial circumstances, family dynamics, and values. Some common reasons for choosing legal separation include:
- Strong religious or moral beliefs about divorce
- Continued eligibility for health insurance through a spouse’s employer
- Preserving eligibility for social security spousal benefits
- Maintaining military benefits for dependents under federal rules
- Tax filing advantages that only apply to married couples
- Protecting a spouse’s pension or retirement benefits
- Uncertainty about the future of the marriage
- Concerns about the impact of divorce on children
What Missouri Courts Decide in a Legal Separation
Because a legal separation agreement has the same legal standing as a divorce order with regard to marital matters, the court must consider every significant aspect of the couple’s life together. Do not underestimate the complexity of this process – a separation agreement made without careful consideration can affect your finances, parenting arrangements, and living arrangements indefinitely.
Division of Marital Property and Debt
Missouri follows the principle of equitable distribution under § 452.330 RSMo. The court divides marital property based on what it deems fair and just, which may not always mean an equal split. Factors taken into account include each spouse’s financial circumstances, contributions to the marriage, and the value of any separate property retained by each spouse. Marital debt is also divided using this framework.
Child Custody and Parenting Plans
The Missouri courts determine custody based on what is best for the child, taking into account the factors outlined in § 452.375 RSMo. Both physical custody (where the child resides) and legal custody (who makes important decisions) are considered. A detailed parenting plan covering issues such as school schedules, holidays, and communication is required and forms part of the court order.
Child Support
Child support is calculated based on Missouri Form 14, which takes into account each parent’s income, the child’s needs, and the parenting arrangement. This process is similar to what would happen in any other divorce proceeding, and the obligation is legally enforceable.
Spousal Maintenance
Either spouse may seek financial support (sometimes called alimony) if they do not have sufficient property to meet their reasonable needs or are unable to support themselves through employment. The Missouri courts consider various factors when determining whether to award maintenance, including the length of the marriage, the standard of living during the marriage, and each spouse’s financial situation.
Relocation
Once a custody order has been established, a parent seeking to relocate must follow Missouri’s relocation statute, § 452.377 RSMo. This requires written notice to the other parent at least 60 days prior to the planned move, and may require court approval if the other parent objects.
Explore Our Family Law Resource Center
How Columbia Family Law Group Can Help
Legal separation is not a simplified version of divorce. In many ways, it is just as complex, and because it can last for years or even a lifetime, the decisions made during this process carry significant weight. At Columbia Family Law Group, we take the time to understand your goals and explain your options clearly, building a strategy that safeguards your interests and the stability of your family.
Above all, we treat every client with genuine care and respect. Family law cases are among the most sensitive legal matters a person can face, and we approach them with discretion, patience, and advocacy you can rely on.
Ready to understand your options? Contact Columbia Family Law Group, LLC for a consultation. We serve clients throughout Columbia, Boone County, and surrounding Missouri communities.
Common Legal Separation FAQs
The main difference between legal separation and divorce is that the former does not end a marriage, while the latter does. In legal separation, a couple remains legally married, while in divorce, they can marry someone else. Despite this difference, legal separations deal with many of the same issues as divorces, such as dividing assets, determining custody of children, and determining spousal support. Court orders in legal separation cases are just as enforceable as in divorce cases. For couples who cannot or do not want to divorce, legal separation allows them to separate their affairs while remaining legally married. This may be for religious, financial, or other reasons.
There are several common reasons why couples choose to separate legally instead of getting a divorce:
– Religious beliefs: Some religions prohibit or disapprove of divorce, but allow spouses to live separately under a legal arrangement.
– Health insurance: Remaining married may allow one spouse to continue being covered under the other’s employer-provided health insurance, which may terminate upon divorce.
– Tax or Social Security benefits: Some couples may achieve better tax benefits or preserve Social Security spousal benefits by remaining married.
– Personal or family reasons: A couple may want to take a break from the marriage, try out living separately, or avoid the emotional finality of a divorce.
– No immediate plans to remarry: If neither spouse intends to marry again soon, there may not be a need to fully end the marriage.
When it comes to a divorce or legal separation, we will work with you to help you address the following issues:
– Division of marital assets and debts (real estate, bank accounts, retirement funds, vehicles, credit card balances, and more)
– Child custody (legal custody for making decisions and physical custody for time spent with the children)
– Child support (calculated using Missouri Form 14 guidelines)
– Spousal support (if one spouse requires financial assistance and the other is able to provide it)
– Visitation schedules (parenting plans for the non-custodial parent)
Yes, a legal separation is not always permanent. If you receive a court order for a legal separation and then decide you want to end your marriage completely, you can ask the court to change the legal separation into a divorce. In Missouri, this conversion is allowed after a waiting period (usually 90 days after the separation order, depending on the circumstances). In most cases, the property division, child custody, and financial support agreements from the legal separation are simply transferred to the divorce order, saving time and money.
Typically, no – at least not in the legal sense. A legal separation generally requires that spouses live separately and maintain separate residences. If you continue to live under the same roof, a court may question whether you are truly separated. That said, every family situation is unique, and temporary or brief periods of living under the same roof due to financial hardship, illness, or caring for children do not automatically invalidate a legal separation. However, they can complicate matters.
The timeline for a legal separation varies depending on several factors. If you and your spouse can agree on all aspects of the separation, such as property division, child custody, and financial support, the process can be relatively quick, taking anywhere from 30 to 90 days. However, if there are disputes between you and your partner, the legal process may take longer, as it will likely involve court hearings and other legal proceedings. In Missouri, there are also waiting periods before the separation becomes final, which can add to the overall timeline.
Related Articles
-
Can You Date During Legal Separation in Columbia?
Legal separation raises many questions, and one of the most common is whether it’s possible to start dating while the…
-
What Is Legal Separation in Missouri (and Is It Better Than Divorce?)
When a marriage reaches a difficult point, many couples in Missouri assume that divorce is the only option. However, there…
-
What Happens After You File for Divorce in Missouri? Timeline Explained
Filing for divorce is a complex decision that often requires careful consideration. Once you have taken this important step, it…
