Legal separation occurs when a married couple chooses to stop living together but to maintain their married status. A separate maintenance agreement is a legal document that legally resolves both financial and some family issues during a legal separation.

Decisions

Separate maintenance agreements discuss the division of assets, like property and bank accounts, as well as who becomes responsible for debts accrued during the marriage. The agreements also determine child custody and may establish spousal- or child-support requirements.

Process

Separate maintenance agreements are usually drafted by an attorney who represents either the husband or the wife and then presents this document to the other member of the couple's attorney for review. If the attorneys cannot reach an agreement, a judge decides the terms of a separate maintenance agreement based upon arguments presented during hearings.

Effects

A separate maintenance agreement allows a married couple to establish a resolution to issues that arise from no longer living together. Because the agreement does not legally end the marriage, a separate maintenance agreement does not allow the couple to remarry.

Reasons

Couples may opt for separate maintenance rather than divorce due to religious beliefs that prohibit divorce, health insurance concerns or to obtain social security or pension benefits. Some states also require married couples to become legally separated for a specific period of time before qualifying for a divorce.

Considerations

A separate maintenance agreement is only possible if both parties are agreeable to the separation and cannot occur if one member of the couple wants a divorce. Separate maintenance agreements are typically not simpler or less costly than divorces, explains Legal Aid of Western Michigan.

Source:

Legal Aid of Western Michigan: Judgment of Separate Maintenance

ExpertLaw.com: Legal Separation and Separate Maintenance