The manner in which you separate from your spouse can have a significant affect on your divorce case. If you or your spouse moves out of your family home, it may be beneficial to write an informal separation agreement in case you eventually decide to get divorced. By moving out your jointly owned home, you or your spouse may remain liable for household expenses.
A trial separation is similar to a vacation. One spouse is away from the home for a period of time but intends to come back. While they are away, they still deposit their paycheck into the family bank account and pay for their share of the household expenses. During a trial separation, the spouse who moved out typically visits the children regularly and participates in their activities.
If, during your trial separation, you decide to end your marriage, each spouse should set up a separate bank account so your finances are not mixed. Couples who have children still need to divide their financial responsibilities toward their kids while they keep their personal finances separate. Divorce attorneys can help custodial parents get child support orders to ensure that they have the money they need to take care of their minor children.
It may become necessary to define the date of your actual separation, so be sure to keep records of any agreements you make with your estranged spouse and when you have conversations about divorce. You don’t necessarily need a legal separation agreement but without one, it may be difficult to convince the divorce court that you are entitled to a portion of a bonus earned by your spouse during your separation or that you should be reimbursed for home repairs that were done after your spouse moved out.
Your lawyer can tell you which financial documents to keep and what information may be relevant to your divorce case. If you have moved out of your family home with intentions of divorcing your spouse, your lawyer will help you plan your divorce and child custody strategy based on when you left and how much time you spent with your children after you moved out.