Separate Maintenance
What is Legal Separation in Georgia?
In Georgia, there is no legal status termed legally separated. The way to be legally separated in Georgia, is through creating a Separate Maintenance Agreement. What this does for you, without getting a divorce, is establish a formal division of property, finances, and address matters affecting minor children.
A divorce ends a marriage while a legal separation agreement does not. Both involve a legal manner to set the terms of your relationship; however, if separated, you're still legally married."
A Separate Maintenance Agreement does not have an expiration date. Theoretically, you could live separately for as long as you choose. Some people find that there are benefits to remaining legally married, even if living apart. Among these reasons are
- Financial Reasons: A separate maintenace agreement allows a couple to maintain financial benefits such as healthcare, tax advantages, etc. Example, one spouse may need employer provided healthcare coverage from their spouse. Legal separation can allow the dependent spouse to continue receiving these benefits.
- Personal/Religious Beliefs: If you have beliefs that conflict with the idea of divorce, a separation agreement is a manner to live apart without violating your beliefs.
- Trial Period: A separation period can serve as a trial period for couples who are unsure about whether or not they really want a divorce. Sometimes a cooling-off period saves a marriage.
- Child Custody and Support: Legal separation can also address matters of child custody, visitation, and support. It provides a stability for co-parenting and financial responsibilities.
Requirements for Separation
In Georgia, you may file for separate maintenance if you are legally married yet living in an established state of separation and have no pending action for divorce.