What is a legal separation?

The term legal separation is misleading. In California, married couples are deemed separated when they are no longer planning on remaining a married couple, and at least one party has communicated this intention to the other party. It does not necessarily mean the parties are no longer living together, as many times couples remain in the same house for financial or other reasons. However, moving out is very good evidence of an abandonment of the marital relationship if the date of separation becomes a contested issue in court. Couples who are no longer living together, but still acting like a couple, or seeing a counselor are not considered separated because they have not abandoned the married relationship. One reason the term “legal separation” is misleading is because married people can go to court to get a judgment of legal separation, which is different than being “legally separated”. A judgment of legal separation can provide for all the relief a judgment of dissolution provides, except for changing the parties status from married to single. Because people’s actions and statements regarding their intentions regarding their marriage can be ambiguous, it is best to consult a family law specialist to evaluate your circumstances if you need to know if you are legally separated or not. Legal separation has important financial consequences in a dissolution case.