You may be seeking a legal separation from your spouse to protect your interests, help your financial situation, and more. Even when separation is at the forefront of decisions between you and your spouse, you may wonder what rights you will have when a legal separation takes place. We have answers for you.
Rights During Separation
Can my spouse tell me what to do in the midst of separation? Picture this: You and your spouse are legally separating and he goes to live in another home while you stay in the marital home. He tries telling you who is allowed to be in the house and who isn’t. Unfortunately for your spouse, they do not have the authority to do so. They do not have any authority over what decisions you make during this time.
What about my maiden name? You can use your maiden name while you are separated. However, if you want it to appear on legal things like your driver’s license, you will have to change it with the court through a court procedure or divorce decree.
How are taxes handled when going through a legal separation? You can make the decision of whether you are going to file jointly, or filed married but separately. These are things that you will have to talk over with your ex-spouse.
Can my spouse make a will during legal separation? He can make a will but the state will decide whether or not you will receive a share of the estate if you are written out of the will. If there is marital property, it will count in the property settlement.
Can my spouse move to another state? Your spouse is permitted to move wherever he wants. If he wants to take the children, you can seek temporary custody to resolve the issues.
It is important to understand your rights during a separation so that you know how to move forward on some of these very important issues. Call us today for more help with your case. We can help you understand separations to the best of our ability.
