What You Need to Know About Trial Separation
A trial separation can be a less permanent alternative than divorce for spouses with marital problems. A trial separation allows a couple to spend time apart, set new agreements, and potentially reconcile. Here’s everything you need to know about trial separation.
What is a Trial Separation?
A trial separation is an agreement between spouses where the couple spends time away from each other. One spouse may move out completely during a trial separation. If the couple cannot afford to pay for a second home, spouses can still reside in the same house, with one spouse moving into a spare room. During the separation, both spouses agree on the timeframe they will be apart from each other while remaining legally married.
It is not the same as divorce (or legal separation), and therefore does not have any legal impact on a couple’s marriage or property rights. If either spouse earns money or acquires property during the separation, the court will divide assets according to state property laws if spouses decide to divorce.
Related: How to Make a Strong Separation Agreement
How Can Trial Separations be Beneficial For Marriages?
The benefits of trial separation differ from couple to couple. If couples are hoping to reconcile, separation allows them to work through marital issues at a distance.
Spouses may commonly view trial separation as beneficial because it:
- Eliminates premature divorce filings
- Permits spouses to work through personal issues indirectly interfering with the marriage
- Helps spouses understand what living apart would be like if they divorce, and
- Provides the couple time to regain composure and communication skills when reconciling or before divorce.
How do Couples Make a Trial Separation Agreement?
A separation agreement is a written document signed by both spouses explaining the rules and timeline for the trial separation. Putting the “rules” of the separation in writing eliminates any confusion on expectations, and also encourages spouses to stay on track. Trial separation only works if both spouses are on the same page regarding the timeline, rules, and overall reason for the break.
Related: How to Form a Legal Separation Agreement
Is a Separation Agreement Required?
Taking a trial separation is a personal decision for the spouses to make together. If spouses are on good terms and they are confident they both understand the reasons and expectations from each other during the break, they may not need a written agreement. However, if the couple divorces in the future, the separation date may be important for the case. If a couple has a written agreement, there’s no question over when they separated. In most cases, it’s better to have an agreement than not.
What Should be Included in a Separation Agreement?
The terms of a separation agreement depend on the couple’s goals and expectations. If a pair plans to separate while working through issues and their goal is to reconcile, they should include a separation end date. Spouses need to discuss whether they will continue using joint bank accounts and credit cards, who will stay in the marital home (versus moving out or living in a different part of the house), how they will handle marital bills, and who will care for the family pets. If the couple has children, they need to decide who will be the primary caregiver, and when each spouse will spend time with them.
Couples should create a trial separation checklist containing everything important to each party. When discussing the terms of the separation, spouses should refer to the list to ensure the agreement meets all of their objectives.
Do Trial Separations Impact Future Divorce?
A separation does not have the same legal effect as a legal separation. A legal separation is a legal process to change a couple’s marital status. In legal separation, spouses are no longer married but not divorced. However, the couple cannot remarry. Legal separation permits the court to divide marital property, order financial support, and decide child custody.
Trial separation is not a legal process. Thus, neither spouse can ask the court to help mitigate issues during the separation. If a spouse files for divorce, the court will divide assets if either spouse earns money, acquires property, obtains an inheritance, or incurs debt.
The separation date may impact an impending divorce. If one spouse meets someone else and begins a relationship during the trial separation, the other party may not use adultery as grounds for a divorce (if filed in a state that permits fault divorce), or during the property division or spousal support phase of the divorce.
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