LEGAL SEPARATION vs. DATE OF SEPARATION

Many callers believe they are "legally separated" after a Petition for divorce or legal separation has been filed with the court. This is a common misconception because the court forms require a "date of separation" to be entered. It is important to understand the difference between a legal separation and the date of separation.

A "legal separation" is a formal court procedure that is virtually identical to divorce. It divides the parties' assets and debts, sets support and children's issues, but in the end the parties are still married to each other. This is commonly done when couples are not sure if they want to divorce or not, for religious reasons, or so one person can maintain insurance benefits through the other's employer.

The "date of separation" is used in both divorce and legal separation procedures. It marks the theoretical end to the marital relationship, but not a final divorce or legal separation date, which the court orders at the end of the process. The date of separation is used to calculate the length of the marriage. It may also be relevant for certain financial matters such as characterization of community property versus separate property. The date itself can be hotly contested in some cases, but when parties participate in mediation the date loses most real significance if the parties are able to simply agree upon financial matters with the assistance of the mediator.