We often meet with clients who tell us that they have not been living with their spouse for quite a while but never filed for legal separation. Now, after so much time living apart, one or both spouses desire to start the process of divorce. These people wonder whether what consequences they are facing now due to their decision not to file for legal separation earlier.

Filing for legal separation is important because it can help establish the date of separation. In a divorce proceeding, the date of separation will determine how long the marriage lasted and, as a consequence, the parties’ rights to spousal support and other assets acquired by the other spouse.

The date of separation also helps determine the character of assets and debts as belonging either to the couple together or to only one spouse. Putting off the date of separation can have serious consequences if either party is anticipating a purchase of a home, paying off credit card debt, or receiving a large bonus from work.

If you are living apart from your spouse now, before you make a decision regarding the filing of legal separation, you should speak with a knowledgeable family law lawyer at Wallin & Klarich. Our family law attorneys can guide you and help you make the right decisions for you and your family. Call us today at 888-749-7428.