“Legal separation” is a type of marital status in which a couple does not go through a formal divorce but lives separately. As of October 2023, there is no legal separation in Maryland. However, some key concepts that arise when a couple is considering living separately still exist. Understanding your rights, obligations, and potential liability while separated but not divorced can help guide the steps to take when the relationship ends.
Why Would A Couple Separate Instead of Divorce?
Divorce is a big step. Couples who want a period of reflection and assessment may want to separate to evaluate whether the marriage can be salvaged. Other couples may have religious or cultural reasons that make divorce unavailable.
Is There Any Way to Formalize the Separation?
For some couples, establishing the rules of the road during separation can be an essential structure that helps manage this transitional period. Couples with children or complicated finances may wish to have clarity over what they can and can’t do. These couples can enter into a marital separation agreement that addresses issues like child support, child custody, spousal support, property use, joint business operations, and management of shared property like the home, cars, or personal property. This agreement can be an excellent precursor to a divorce agreement, or it can simply establish the way a separated couple manages their lives if they choose not to seek a divorce.
Marital Separation Agreement Requirements
A Court can enforce a Marital Separation Agreement as a contract, but the agreement needs to meet specific requirements first. The agreement must be in writing and signed by both parties. There must be evidence that it was entered into willingly and without coercion. When a couple does decide to separate, they need to be thorough in considering the issues that can arise in the course of living separate lives. Consulting with an experienced Maryland family law attorney for advice about the contents of the agreement can ensure that it addresses the key issues in an appropriate manner. If one party has retained counsel for this purpose, it is critical that the other party consult with a separate attorney before agreeing to the terms.