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You Can't Remarry if You Are Legally Separated Another disadvantage of a legal separation is that it doesn't end your marriage. You can't remarry if you are legally separated. Therefore, you and your spouse must remain married on paper, even if you live apart and consider yourselves divorced.
When couples are legally separated, it also may be possible for them to receive spousal benefits, which cannot happen if they are divorced. These benefits can include retirement, social security, and insurance benefits and can depend on the policy providers.
Is financial support still required? If both spouses are financially independent and capable of sustaining themselves without assistance from the other, financial support during separation may not be required. However, this can vary depending on the specific circumstances of each case.
After the separation agreement is signed by you and your spouse, it goes before the court. If the court approves it, it becomes legally binding immediately. Should either of you breach the terms of the separation agreement, the other spouse can sue for damages.
In Colorado, a Legal Separation operates in the same exact manner as a divorce - the marital assets and debts are divided, maintenance and/or child support is awarded, and parental responsibilities are allocated; however, at the end of the proceedings, both parties are still legally married.
A marital separation agreement, also known as a property settlement agreement, is a written contract dividing your property, spelling out your rights, and settling problems such as alimony and custody.
If we divorce, will my spouse be entitled to half of my house? No, Colorado is not a ?community property? state, rather, it is a ?equitable division? state which means that property is divided ing to what the Court believes is fair, but may not necessarily be equal.
Legal separation is a process to make a married couple financially separate so they are not responsible for each other's support, debts, or taxes.