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Legally separated


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2 minutes ago, Airehead said:

So how would someone nullify a legal separation?

From Wikipedia

So, therefore, separation is revocable; state laws may require "the joint application of the parties, accompanied with satisfactory evidence of their reconciliation ... by the court which rendered it, subject to such regulations and restrictions as the court thinks fit to impose."

Depends on your state law.

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My understanding is similar to DH's, although as donkpow stated, this is governed by local law so there are variations .  But in general, I thought the separation is a legal way of filing something so that going forward a spouse isn't responsible for new debts of the other spouse. And new income can be separate property in an eventual divorce.  But a separation doesn't divide up assets or liabilities existing at that date.  Some states also require a legal separation before a divorce.  But during the separation, other benefits of marriage may still apply (such as an ability to get insurance as a spouse).  You need to check the benefit terms to see what the qualifications are.

A filing makes it public so that a potential creditor could see that the spouse is "separated" which is why it needs to be undone to vacate the separation.  But if anyone really wants to do this, they should talk to a lawyer licensed in their state.

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