Is a trial separation worthwhile before filing for divorce?

On Behalf of Law Offices of Jayson A. Soobitsky, P.A. | Feb 19, 2021 | Uncategorized |

Contention in the home because you and your spouse aren’t getting along can affect everyone who lives there. In some cases, the need to spend some time apart might become strong, but you may not be ready to divorce just yet.

Considering a trial separation might be beneficial. Far from being just a precursor to a divorce, it could be exactly what you need to decide that your marriage is worth saving. 

What is a trial separation?

A trial separation means that you and your spouse come to an agreement about what’s acceptable during the time you’re apart. Unlike a legal separation, which is a formal agreement, there aren’t any court documents necessary for a trial separation. This can save you some money, but it also doesn’t provide many of the protections that a legal separation offers. 

During a trial separation, you and your ex live apart but continue to share the financial responsibilities. Your income, lottery winnings, work bonuses and similar acquisitions will still be considered marital property. On the other side of the matter, debt is still considered marital debt even if your spouse takes out a new loan without your consent during your separation. 

One thing that some people do during the trial separation is to undergo marital counseling. This might provide an answer about whether the marriage is salvageable or whether it is time to file for divorce.

Is trial separation right for you?

Ultimately, whether a trial separation will work for your situation or not will involve a lot of factors. You and your spouse should discuss the matter and contact an attorney to determine if this is truly a viable option. In many cases, taking the time to draft the legal agreement might be a more beneficial choice.

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