What Is a Legal Separation Agreement in Indiana?

Legal separations are considered for couples who want to attempt to reconcile a deteriorating marriage. Getting legally separated can also set a legal framework for the two parties if they eventually wish to prepare for formal divorce proceedings. A court will grant a legal separation decree based on three conditions:

• Both spouses cannot live together due to intolerable circumstances
• There is an interest in maintaining the marriage
• Neither spouse has filed for divorce

During a legal separation, the court can divide property and debts and set financial support obligations. If children are involved, the court will also decide on custody, visitation, and child support. It is important to note that legal separation decrees automatically expire after one year, ending the legal arrangement while keeping the marriage intact.

Why Someone Might Choose Legal Separation

People may choose legal separation for a couple of significant reasons. A legal separation decree can serve as a wake-up call to address underlying issues in the marriage, such as addiction or communication problems. This structured approach allows couples to work on their relationship while having legal protections in place.

Some couples prefer to avoid divorce due to personal beliefs, religious views, or financial situations. For instance, remaining married can allow one partner to stay on the other's health insurance plan or retain other benefits.

The Difference Between Legal Separation & Divorce

In Indiana, legal separation and divorce share similar legal frameworks but are fundamentally different. The key distinction is that divorce completely ends a marriage, while legal separation maintains the marital status. When a divorce is finalized by a judge, both parties are no longer legally married and can marry others. Conversely, a legal separation enables couples to live apart and manage finances without severing their marital relationship. This arrangement allows for structured custody and financial agreements, keeping the marriage intact while addressing day-to-day responsibilities.

The Benefits of Legal Separation

Legal separation offers several unique advantages for couples in Indiana considering their relationship options. One key benefit is the ability to live apart while remaining legally married, which provides space to reassess the situation. It allows formal acknowledgment of discontent, creating a pathway for structured communication. Couples can separate assets and debts while still preserving their marital status. Legal separation also provides an opportunity to establish child custody agreements and child support arrangements, ensuring that the needs of children are prioritized.

A decree of legal separation offers time for individuals to work on personal issues, such as substance abuse, with the support of court-appointed resources while maintaining essential financial benefits, like health insurance, military benefits, and tax advantages. If a married couple is considering divorce but unsure if it’s the right choice, the spouses can use legal separation as a trial period before moving on to divorce.

Reasons to Choose Divorce Over Separation

Divorce may be the better option for those who are certain about ending their marriage. Choosing divorce over legal separation eliminates the need to go through a lengthy process twice, saving both time and money. Legal separation requires legal actions, which can add up in costs and effort, especially when the ultimate goal is divorce.

Since divorce completely ends the marital relationship, individuals can move forward with their lives without being tied to their spouse. After divorce, each person is no longer considered the next of kin of the other, and they are free to remarry if they choose.