Many couples experiencing marital problems opt to separate, to live separately.
Some couples use this as a way to try to prevent divorces by solving their marital problems in a less stressful environment.
Other couples use separation as a precursor to the more final solution of divorce.
In order to obtain such a living arrangement, you need to file for a legal separation, which signifies that a married couple will cease cohabitating in a residence, as ruled in a court order and signed by both spouses.
Just as alimony is used as a way of continued support following a divorce, there is a system in place in which the more financially prosperous spouse continues to financially support his or her spouse while they are separated.
This is called temporary maintenance, and though it is far from mandatory, it is fairly common and is often worked out during the drafting of the separation agreement.
It is agreed to by both parties, and lasts for the entire duration of the separation.
Naturally, it will end if you and your spouse get back together again, or will be rearranged into alimony payments should the couple be divorced.
These temporary maintenance payments are part of the separation agreement, and therefore enforceable by the court.
The paying spouse is required by law to continue making these payments, and if he or she does not, will be found in contempt of court and can be prosecuted.
If the spouse does not make the payments, he or she can be taken to court and steps can be taken to force him or her to make payments, such as wage garnishment and removing money from bank accounts.
Avoiding these payments is serious, and can result in being taken to court.
Like alimony, temporary maintenance payments are subject to favorable tax laws.
While it is not necessary to file for legal separation to be essentially separated, it is necessary if you want to write maintenance payments off as a tax deduction.
The spouse making the payments can file them as a tax deduction, and the spouse receiving the payments must file them as taxable income, the same as with alimony.
However, the payer does need to secure the court's permission to file the payments as a tax deduction.
If you'd like to learn more about the law concerning legal separation, or would like to learn more about family law, visit danieljensenfamilylaw.
com
Some couples use this as a way to try to prevent divorces by solving their marital problems in a less stressful environment.
Other couples use separation as a precursor to the more final solution of divorce.
In order to obtain such a living arrangement, you need to file for a legal separation, which signifies that a married couple will cease cohabitating in a residence, as ruled in a court order and signed by both spouses.
Just as alimony is used as a way of continued support following a divorce, there is a system in place in which the more financially prosperous spouse continues to financially support his or her spouse while they are separated.
This is called temporary maintenance, and though it is far from mandatory, it is fairly common and is often worked out during the drafting of the separation agreement.
It is agreed to by both parties, and lasts for the entire duration of the separation.
Naturally, it will end if you and your spouse get back together again, or will be rearranged into alimony payments should the couple be divorced.
These temporary maintenance payments are part of the separation agreement, and therefore enforceable by the court.
The paying spouse is required by law to continue making these payments, and if he or she does not, will be found in contempt of court and can be prosecuted.
If the spouse does not make the payments, he or she can be taken to court and steps can be taken to force him or her to make payments, such as wage garnishment and removing money from bank accounts.
Avoiding these payments is serious, and can result in being taken to court.
Like alimony, temporary maintenance payments are subject to favorable tax laws.
While it is not necessary to file for legal separation to be essentially separated, it is necessary if you want to write maintenance payments off as a tax deduction.
The spouse making the payments can file them as a tax deduction, and the spouse receiving the payments must file them as taxable income, the same as with alimony.
However, the payer does need to secure the court's permission to file the payments as a tax deduction.
If you'd like to learn more about the law concerning legal separation, or would like to learn more about family law, visit danieljensenfamilylaw.
com
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