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    Totally Screwed's Avatar
    Totally Screwed Posts: 10, Reputation: 0
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    #1

    Jan 29, 2008, 10:23 PM
    Legal separation verses divorce
    Could someone please tell me what the difference is between a legal separation and a divorce. What is the legal differences in obtaining one over the other? I have adult children and I have been separated from my husband for almost 3 years. I am coming into a large settlement soon and I want to get out of the marriage so he won't have any claims to my upcoming money.

    If I get a legal separation is that as legally binding as a divorce. Would he be barred from being able to have claim to any of my settlement?:confused:
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    Jan 30, 2008, 04:40 AM
    Usually a legal separation comes before a divorce, in hopes that all differences may be sorted out, sort of a waiting period. If you want no further contact from him and want to get on with your life legally, such as marrying again, you have to obtain a divorce, then there are no further obligations to either party. So you may not be 'totally screwed' after all.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Jan 30, 2008, 08:01 AM
    Quote Originally Posted by Totally Screwed
    Could someone please tell me what the difference is between a legal separation and a divorce. What is the legal differences in obtaining one over the other? I have adult children and I have been separated from my husband for almost 3 years. I am coming into a large settlement soon and I want to get out of the marriage so he won't have any claims to my upcoming money.

    If I get a legal separation is that as legally binding as a divorce. Would he be barred from being able to have claim to any of my settlement?:confused:


    I don't know what State you are in but in "many" States a settlement is YOUR money, not co-mingled funds. Same with inheritances.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Jan 30, 2008, 08:09 AM
    A legal separation is just an agreement filed with a court that specifies support issues. A divorce severs the marriage. If you are not divorced you are still married, though a legal separation would probably mean any income received would not be commingled. But it means you cannot legally remarry.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #5

    Jan 30, 2008, 02:35 PM
    Mostly you should be free from interference from your almost ex but there are some settlements that you may receive that he may be entitled to a portion of. You really need to ask a qualified lawyer. If your settlement is from a retirement account then there may be issues. If it's a windfall settlement like personal injury or inheritance or lottory then that would be separate property I believe. Again find a lawyer and get things settled so there won't be any question as to what's going to happen.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Jan 30, 2008, 04:44 PM
    I would seroiusly advice you to get a local attorney, knowing that a few states are community property states, and of course there is not even a legal separation, which could take months to fight the terms out.

    And a lot more issues could happen if you were to die without a formal separation and maybe even a divorce.
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