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What Are My Legal Rights in a Separation

What Are My Legal Rights in a Separation

Are you going through a separation from your partner? Are you wondering if you are following the right procedure? Have you ensured to go through all the correct lawful steps? Did you find yourself also wondering, “what are my legal rights in a separation”?

You have come to the right place if you have affirmed the last question – or any of the above questions. In this article, we will elaborate on the rights you are legally entitled to when you and your partner separate. It is crucial to know your legal rights during separation as you will definitely benefit from them both in the short and long term.


What Are My Legal Rights in A Separation?

One common mistake most spouses or partners commit when they decide to separate is that they do not do proper legal research. As a result, one of the partners is always at a loss as they do not know the legal rights they are entitled to during this transaction.

Most of the time, the dependent spouse or partner tends to be on the losing side in matters of financial issues.

Therefore, it is extremely important, if or when you decide to separate from your partner, you find out and learn about your legal rights. This will save so much of your time and money, and you will feel more at ease and prepared mentally.

Without further delay, let us discuss some of the legal rights you have in a separation.

  • You can live separately from your spouse, and the court can easily formalize this with an order or a written agreement.
  • You have the right to stay in the home. If you have impulsively moved out, you have the right to ask the court to let you move back in.
  • You or your partner cannot legally remarry without getting a divorce first.
  • During the separation period, you can discuss spousal support, child custody, alimony, and division of property.
  • You have the right to ask for spousal support, such as to pay for monthly expenses to meet basic necessities and so on.
  • Most importantly, You have the right to ask to co-parent so you can see your children frequently.
  • You can claim to draw up a legal separation agreement.

What Is A Legal Separation Agreement?

If you and your partner are in a dilemma where you cannot come to a mutual conclusion about many issues, you could always opt for a separation agreement.

Often times during such cases, spouses do end up having conflicts regarding many aspects as they try to go on their separate ways. In such situations, a legal separation agreement can smoothly solve the problem.

A separation agreement is a legal document that consists of everything the two parties have agreed upon for those of you who might not know. It will be signed and sealed for good, so one party cannot go back and change their mind later. As it is a legal document, an experienced lawyer and the court can help to draw up the contract and put it in the act.

If you are worried that your partner will not adhere to the agreement, you have nothing to worry about, as the court will have full rights to enforce all the terms and conditions in the contract. Furthermore, a separation agreement is efficient and reasonably affordable.

In your separation agreement, you can include everything, starting from who gets the house to the arrangements agreed upon about co-parenting. All financial matters, including spousal and child support and debts and property, can also be included in this document.

Therefore, your life will become slightly less stress-free during and after the separation period. They are permanently binding, so you do not have to worry about the agreement coming to an end after a certain period.

What Should I Avoid During Separation?

As separation is a tricky period in one’s life, it is easy to commit a mistake legally. When you are in the phase of separating or are already separated from your spouse, there are certain things you must avoid. This is important because if you commit any or all of the given actions below, they could be used against you in court for various purposes.

Here are things you should not do or avoid during separation.

  • Try to avoid getting romantically involved with someone immediately.
  • Avoid signing divorce papers impulsively.
  • Avoid moving forward with the process of separation without consulting with your partner and receiving their consent.
  • Unless you have a legally valid reason, avoid neglecting or denying your partner’s wish to co-parent.
  • Avoid bad-mouthing you partner to or in front of your children.
  • Avoid intentionally or unintentionally causing any harm to your partner or children.


To sum up, legal rights during separation can make or break your case. It is crucial you know what you might face and how much you can benefit from such a conflict. If you find yourself feeling uncertain and cannot really comprehend the legal issues, which is a common problem, you can always hire an expert.

A separation lawyer will be able to guide you through this treacherous situation and handle your case effectively. They will explain to you the ins and outs of separation through the eyes of the law. Hence, you will no longer have to wonder, “what are my legal rights in a separation” as you will know all about them, and your lawyer will ensure you receive them all.

Frequently Asked Questions

In this section, we will address some of the most common questions we get related to ‘what are my legal rights in a separation. We hope these will help to answer any further dilemmas.

1. What is a separated spouse entitled to?

There are a lot of things you will be entitled to as a separated spouse during and after the separation period. We have discussed them above in the article. Here are some examples: child custody, financial benefits, etc.

2. What should you not do during separation?

As we have mentioned above in our article, you must be careful about certain things during separation. Avoiding these actions will help to build a stronger case in your favor. Some things you should not do during separation include immediately dating someone or moving out of the house on an impulse.

3. Do I have to give my wife money if we are separated?

Yes, if your wife was your dependent, you are entitled to give some amount of money every month as part of spousal support.