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If you're having serious problems with your spouse, a divorce might seem like the only way to split off and protect your finances. However, a legal separation may offer the same protection as a divorce and in some cases works out better.
Once you and your spouse have signed the agreement, it becomes a legally binding contract that both of you must abide by. This means that you can sue your spouse or ex-spouse for damages if they breach the agreement and to force compliance with its terms.
Separation means that you are living apart from your spouse, but you're still legally married until you get a judgment of divorce from a court (even if you already have a judgment of separation).
A separation agreement doesnt expire as long as your living separate and apart. If you never separated, then it actually never took effect. Once you separate it is enforceable until a court changes it.
Typically, a temporary marital separation agreement will last anywhere from 90 days until over a year--again, depending on how long it takes for a divorce case to be finalized. In many cases, a marital separation agreement is a voluntary contract between the parties to a divorce.
People choose legal separation instead of divorce because of religious beliefs, a desire to keep the family together legally for the sake of children, the need for one spouse to keep the health insurance benefits that would be lost with a divorce, or simple aversion to divorcing despite the desire to live separate
If you are legally separated from your spouse, you may remain so for as long as the two of you desire. A legal separation is reversible. How long can you be legally separated is your own judgment call. To be legally separated from your spouse, there is actually no need for you to get a divorce at some point.
Do not move out of the marital home: If you move out of the home during a separation, you will not get equal time to spend with your children. Do not make your separation public: Avoid telling people that you and your partner are separating.
A Separation Agreement is a contract between two parties and is therefore governed by the law of contract. The contract is binding on both parties and any failure to execute by either party may bring a claim for breach of contract.