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legal separation

   Also found in: Dictionary/thesaurus, Encyclopedia, Wikipedia, Hutchinson 0.01 sec.

legal separation n. a court-decreed right to live apart, with the rights and obligations of divorced persons, but without divorce. The parties are still married and cannot remarry. A spouse may petition for a legal separation usually on the same basis as for a divorce, and include requests for child custody, alimony, child support and division of property. For people who want to avoid the supposed stigma of divorce, who hold strong religious objections to divorce, or hope to save a marriage, legal separation is an apparent solution. With more states allowing no-fault divorce, the use of separation agreements, and informal separation, legal separation is rarely used.
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? References in periodicals archive
MARRIAGE TAX PENALTY & DECREE OF LEGAL SEPARATION
Rules of disengagement: navigating the turbulent waters of divorce ... by Brautigam, Beverly / California CPA
With respect to the definition of alimony, CPAs should determine whether a written separation agreement exists, but they need not determine whether the agreement is legally enforceable or whether a legal separation or divorce has been granted.
Not legally enforceable? It's still alimony! by Metrejean, Cheryl T. / Journal of Accountancy
Currently, Canada's Divorce Act recognizes legal separations only between "a man or woman who are married to each other," and the couple, identified only as M.
Seeking equality in divorce by Hays, Matthew / The Advocate (The national gay & lesbian newsmagazine)
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