Legal separation in Indiana is a court-ordered arrangement that allows a married couple to live separately while remaining legally married. This differs from divorce, which dissolves the marriage. A decree of legal separation outlines the rights and responsibilities of each spouse regarding finances, property, child custody, and support. For example, if a couple desires to live apart for religious reasons that prohibit divorce, or needs to maintain health insurance coverage tied to marriage, pursuing legal separation might be a suitable option.
Choosing to legally separate can provide several benefits. It allows couples time to address marital issues without immediately committing to a divorce. It can also be a crucial step in managing financial affairs during a period of uncertainty. Furthermore, it establishes clear guidelines for co-parenting arrangements, ensuring stability for children involved. Historically, legal separation served as a precursor to divorce, providing a trial period for reconciliation or further assessing the viability of the marriage. It can also have impacts on tax filings and estate planning.