What is Separation and Why Does it Matter?

Pennsylvania does not have “legal separation” as the term is used in some other states. Separation simply means that spouses are either living in separate physical residences or that one spouse has filed a divorce complaint with the court and served it on the other spouse. It means you’re legally married but not living as a married couple. There are instances in which couples can be considered separated even if they’re still living under the same roof and no divorce complaint has been filed, but it is very rare for those situations to actually meet the legal test for separation.

 

Separation is significant in several ways. First, the date of separation can affect the marital value of certain assets. As a general rule, contributions made to assets such as retirement accounts after separation are considered non-marital. Calculation of the increase in value of non-marital assets during the marriage ends at the date of separation.

 

Second, separation can mean that one spouse will or could seek financial support from the other spouse. This could be an important consideration for one or both spouses when deciding whether to separate and how to do so. Separation takes the financial resources available to one household and divides those resources between two households. That generally means some financial changes for the entire family.

 

Third, separation means that parents must arrange how the situation will work for their children. Talk about a big change. Explaining the situation to children, working out schedules, trying to keep their best interests in mind can be daunting tasks and can be incredibly stressful for everyone involved. Ideally spouses can discuss the parenting arrangements prior to actually separating so they and their children can know what to expect in advance.

 

There are personal aspects to separation, like figuring out how to tell the kids and how to make parenting arrangements and how to find a place for one or both spouses to live. There are legal aspects to separation, such as the effect on identifying and valuing marital assets. Separation is not something to take lightly and should be decided with as much advance planning and cooperation between spouses as possible.

 

If you have questions about how separation or any other family law issue is treated in central Pennsylvania, including Hershey, Carlisle, Harrisburg, York and surrounding communities, please contact me.

Speak Your Mind

*