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Legal separation in Connecticut is a process through which a couple can live separately while still remaining legally married. During a legal separation, the couple will typically resolve issues such as property division, child custody, and child support.
Connecticut does not apply a simple 50/50 split. Instead, state law allows the courts to split the property in a matter it deems ?fair.? It is important to note that the term ?property? is broad.
Connecticut is an ?all property? state, meaning that all assets, including inheritances, may be subject to division during divorce proceedings. Factors such as timing, purpose, and commingling play a significant role in determining whether an inheritance becomes marital property.
Legal separation permits each spouse to move on, independently, from their marriage, without going through the formal divorce process. Legally separated couples can often continue providing each other health care, Social Security benefits, and tax benefits.
One of the benefits legal separation (versus merely living apart) provides when there are children is that each parent has the clarity and security of a court-ordered parenting plan and child support while they are separated.
A legal separation is more formal than just moving apart though. You would need to get a court to approve your decision and put together a legal separation agreement. This is an agreement that divides property, sets an arrangement for raising your children, and ends the financial connection you have to your spouse.
A separation agreement is a legally binding document that contains detailed information on how the couple will allocate parental rights and responsibilities, child support, spousal support, and property and debt division. Separation agreements are valid until the court states otherwise.
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.