713-333-4430Texas Law: Is a Separation Right for You and Your Spouse?
Marriages, like any journey, can hit rough patches, like challenging phases, growing apart, betrayals, or major disagreements, leading couples to want time apart. Sometimes, separation can be an alternative to divorce or give couples some much-needed room to carefully consider their next steps before making life-changing decisions for their family. First, it is important to note that legal separation is not formally recognized in Texas. However, couples still have several options available to them to navigate through tough times in their marriage while protecting their rights and interests.
Separation Options in Texas
Texas is one of fewer than 10 US states that lack a formal separation process; however, couples still have options available to them including creating informal arrangements or entering into a post-marital agreement to deal with financial matters and child custody issues. If you and your spouse need more time to evaluate your relationship, especially considering the definitive nature of divorce, these options can give you some much-needed breathing room.
Informal separations allow you and your partner to live separately without court involvement. Typically, couples may choose this prospect for a limited or brief span. Alternatively, a separation agreement is a legally binding document. As a contract, your separation agreement will outline the terms of the separation, covering aspects like child custody, visitation support, and property division. However, other articles or clauses can be inserted in the document, depending on the circumstances and needs of the couple and the nature of the separation.
When forming a separation agreement, it is critical to understand that a document is a powerful tool that can govern various aspects of the separation. The assistance of an experienced family law attorney is vital in ensuring the document is accurate and provides a framework for managing finances, property, and familial responsibilities during separation.
The Role of Post-Marital Property Agreements
Texas law allows spouses to enter into post-marital property agreements, providing a means to separate their financial affairs even during a marriage. The agreement concerns property division, income, debts, and other critical aspects. While this is a voluntary step, these agreements can offer a layer of financial independence going into separation.
Post-marital property agreements are a unique tool in that they enable spouses to delineate their financial responsibilities and rights, providing clear roadmaps for a separation process. Despite Texas’s absence of legal separations, couples can use these agreements to protect their legal interests and finances.
Financial Considerations and Benefits
Staying married during separation has financial implications that couples must be aware of and carefully consider. Separation offers some financial security to both parties by delaying the potentially high costs of a divorce and allowing for the continuation of certain benefits like health insurance plans. Unlike divorce, where ex-spouses are typically excluded from family health insurance plans, remaining married can maintain coverage until alternative arrangements are made. Couples can turn to legal and financial professionals to provide valuable and more personal insights into the potential benefits and drawbacks of preserving their marriage during separation.
The Duration of Your Separation
There is no assigned time limit for separation. A marriage endures until either a divorce is initiated, or a spouse passes. An exception is common-law marriages, where the parties cohabitate, have an intent to be married, and hold themselves out as a married couple. Common law spouses must file for a divorce within two years of separation. The absence of a predetermined separation time allows couples to design their separation to their unique conditions.
Suits Affecting the Parent-Child Relationship (SAPCR)
Legal remedies can cushion you during a break from your spouse, like protective orders, temporary orders, and filing motions that determine the length of time spent with the kids. The latter, known as Suits Affecting the Parent-Child Relationship (SAPCR), offers a formal legal avenue for resolving child-related custody and support issues during separation. These legal instruments address safety, immediate relief, and child custody topics. Protective orders play a fundamental role in ensuring the safety and well-being of individuals during separation, particularly in cases of domestic violence or abuse. Temporary orders provide a legal framework offering immediate relief through spousal support, child custody, and financial obligations.
Actions to Avoid During Separation
Some actions can complicate separation and should be averted. Such complications include:
- Making notable expenditures without your partner’s consent.
- Filing tax returns without communication and coordination.
- Altering beneficiary appointments without joint awareness and mutual agreement.
Realizing the potential traps and issues can lessen the likelihood of future legal proceedings and financial arrangement disruptions. Your attorney can educate you on best practices during operational periods.
Whether opting for an informal separation, a separation agreement, or utilizing post-marital property agreements, a trusted and skilled attorney is paramount. Contact an experienced Texas family law attorney for a confidential consultation.
Attorney Kevin Hunter at Boudreaux Hunter & Associates, LLC has experience with child custody, spousal support, high conflict divorce, and is fully equipped to guide you through the process. Learn more about Kevin on his profile here.
