What is a Legal Separation?
Under Ohio law, a married person can file a Complaint for Legal Separation. The grounds for legal separation are very similar to grounds for divorce. In a legal separation action, the court will determine allocation of parental rights and responsibilities and spousal support issues. Marital assets can also be divided by the Court. At the end of the process, a Legal Separation is granted and orders are made regarding allocation of parental rights, child support and spousal support but the parties remain married. This is important to some people for religious or financial reasons (such as the ability to remain on the other spouse’s health insurance) where the parties want to go their separate ways but remain legally married. However, it is important to know that if one party files for a Legal Separation there is nothing to prevent the other party from filing a Counterclaim for a Divorce.
A Legal Separation is similar to a divorce in that the issues relating to child custody, child support, visitation, alimony or spousal support, the division of property and the allocation of debts are resolved. However, the parties remain legally married. Legal separation is usually pursued due to religious or other personal reasons negatively associated with a divorce.
A legal separation results when a couple separates and a court rules on the division of property, alimony, child support, custody, and visitation, but doesn’t grant a divorce. The money awarded for support of the spouse and children under these circumstances is often called ‘separate maintenance’ instead of alimony or child support. With a legal separation, any assets accumulated or debts incurred after the separation has become finalized aren’t considered jointly owned. Each spouse is responsible for his or her assets or debts. A legal separation is different from a trial separation. A trial separation occurs when a couple lives apart for a test period to decide whether or not to separate permanently. Even if the couple doesn’t resume the relationship, the assets they accumulate and debts they incur during the trial period are usually considered jointly owned. A legal separation is also different from a permanent separation. A permanent separation occurs when a couple decides to split
A legal separation can involve a court order declaring that a couple is no longer living together, and that all the issues concerning the marriage have been resolved, such as issues related to children and distribution of property. It does not terminate the marriage or legal status of the couple as married. The spouses are not free to remarry.
