If you and your spouse seek a legal separation, the court can rule on issues such as child custody and support, spousal support, property division and other such issues, just as it would during a divorce. However, during the separation the spouses are still legally married and are not allowed to remarry without a divorce.
It’s important for parties to a legal separation to be aware of their rights. Here are a few of the issues that most commonly arise during legal separations:
- Alimony: The spouse with custody of the children will receive child support at least in some amount, but alimony is not a guarantee. It’s important to be familiar with the terms of your separation to know whether either of you is entitled to temporary alimony during the separation.
- Living situation: Which party has the rights to the family home? Does the other spouse have the right to remain in that marital home during the separation? Who will be in charge of paying for the mortgage? The separation agreement should cover the living situation in detail so both parties are on the same page.
- Debts: The alimony agreement should clearly spell out responsibility for debts that are still owed.
- Child support: How much will the non-custodial spouse pay in child support, if there are any minor children?
To learn more about the rights you should be aware of in a legal separation and the steps you can take to enforce them, contact a reliable Minnesota family attorney at Appelhof, Pfeifer & Hart, P.A.