Legal Question in Family Law in Kentucky

Legal Separation

What is a legal separation & what is involved in filing? There are no children (they are grown)involved in a custody issue. Do we have the right to see other people if that is what we choose to do? I just need to know what I can do & not do. We are not living together, I moved out 3 weeks ago. What are my rights?


Asked on 6/23/06, 11:06 am

2 Answers from Attorneys

Martin Kasdan, Jr. Martin Z. Kasdan, Jr., Attorney at Law

Re: Legal Separation

Merely living apart is not a "legal separation." A legal separation is, for all practical purposes, a divorce - in everything but name only. In my experience, the primary reason people obtain a "legal separation" rather than a "divorce" is for health insurance purposes - that is, a spouse who is covered under the other spouse's health policy may lose entitlement after a divorce, but may (depending on the policy) be able to remain on the policy following a legal separation. Also, for some people with religious issues about divorce, a legal separation may be appropriate.

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Answered on 6/25/06, 6:32 pm
Philip Owens Philip M. Owens, Attorney at Law

Re: Legal Separation

There is not much significance to what you call a separation. Ususally, a "Legal Separation" is one where there is an agreement governing your affairs while not together that is court approved. This is usually in anticipation of divorce. While there may be some business reasons to have such an arrangement, in most cases it is better to file for the divorce and then entere into an agreement that governs the separation until the divorce is granted. Both of you can date, etc. ( you can do this while you are married-there is no law against it but it may have some relevance as to the later award of alimony or child custody. Your questions reveal that you really need to sit down with an attorney who can ask the right questions to round out your facts. I do not know your business situation or employment status or property and I would be unable to give you a good answer.

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Answered on 6/23/06, 4:41 pm


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