In my practice, I frequently get asked by clients if they can file for a “legal separation” from their spouse. Unfortunately, Maryland does not recognize a “legal separation” as a marital status—you are either married or divorced. The closest thing to a “legal separation” is to have a binding contract—called a Separation Agreement—that resolves all of the issues arising out of their marriage. These issues include, but are not limited to, custody, alimony, support, property rights or personal rights. Once a Separation Agreement is in place, parties can live their lives separately while waiting to be divorced.
There are numerous advantages to having a Separation Agreement. First, a Separation Agreement can help parties avoid the time, expense, and uncertainty of contested litigation. Parties can negotiate and enter into a Separation Agreement before initiating Court proceedings, or while proceedings are pending. A second advantage to having a Separation Agreement is that there are various problems arising out of marriages for which there are no remedies under Maryland divorce laws. For example, many parties have acquired significant credit card debt during their marriage that needs to be addressed during the divorce. In Maryland, a Judge lacks the authority to divide or apportion credit card debt, so the debt is the responsibility of the cardholder, regardless of how it was accumulated. Virtually all aspects of a divorce, including the apportionment of credit card debt, can be addressed in a Separation Agreement. A third advantage to having a Separation Agreement has to do with the timing of the divorce. In October 2015, a new law took effect which provided an additional ground for divorce called “mutual consent”. If parties have a signed Separation Agreement and no minor children, they can file for divorce immediately and they do not need to be physically separated from one another for any period of time. This was a major change in the law, as many parties who had a signed Separation Agreement still had to wait a year to file for divorce.
Separation Agreements are generally preferred by the Courts and parties as a peaceful means of terminating a marriage and the conflict resulting from it. These agreements are not a bar to obtaining a divorce, and issues relating to children (custody and child support) are always modifiable by the Court if it is in the child’s best interests.
If you want more information on Separation Agreements or Maryland family law, please contact Laurie M. Wasserman at lwasserman@offitkurman.com or 410.209.6446.
ABOUT LAURIE WASSERMAN
lwasserman@offitkurman.com | 410.209.6446.
Laurie M. Wasserman, a principal at Offit Kurman in the Family Law practice area, represents individuals in all aspects of Maryland divorce and family law. She is committed to guiding her clients through the process in the most beneficial and least stressful way. She helps clients identify the issues that are important to them and advises them on creative strategies to achieve these goals. She brings experience, energy, and empathy to all of her cases, and provides her clients with the attention they deserve.
ABOUT OFFIT KURMAN
Offit Kurman is one of the fastest-growing, full-service law firms in the Mid-Atlantic region. With over 120 attorneys offering a comprehensive range of services in virtually every legal category, the firm is well positioned to meet the needs of dynamic businesses and the people who own and operate them. Our eight offices serve individual and corporate clients in the Maryland, Delaware, New Jersey, and Northern Virginia markets, as well as the Washington DC, Baltimore, Philadelphia, and New York City metropolitan areas. At Offit Kurman, we are our clients’ most trusted legal advisors, professionals who help maximize and protect business value and personal wealth. In every interaction, we consistently maintain our clients’ confidence by remaining focused on furthering their objectives and achieving their goals in an efficient manner. Trust, knowledge, confidence—in a partner, that’s perfect.
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