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Do unmarried couples have any legal protection when separating? For married couples, deciding to divorce can understandably be a challenging decision.Who Gets the House When a Married Couple Splits Up? Generally, you can have the opportunity to work out a joint agreement without court intervention. Getting a divorce or having a marriage annulled does not sort out issues relating to children or property. These arrangements must be made separately. If one parent ends up with primary custody of the child, they may also choose to file for child support from the other parent.