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Litigation Blog.
The seasoned lawyers and litigators at The Rubinstein Law Firm are here to share their insights with you.

The pros and cons of a trial separation

Most couples understand that any marriage encounters challenges along the way. This can lead to divorce, but couples might want to consider other options, at least in the early stages of trouble.

A trial separation has a few benefits and some disadvantages as well.

Potential benefits

An article in Brides describes a trial separation as an informal agreement between a married couple to hit the pause button. In most cases, no court fees or other expenses come into the arrangement, making this a financially attractive option for some couples.

This arrangement also gives a couple time to think about the ramifications of the relationship and figure out the next step. An informal separation also allows time for marital counseling that could resolve some issues. It further could allow a person to work on personal factors such as anger or heavy drinking that hurt the marriage.

A legal separation involves a more formal separation and can put certain issues such as child care into writing. This step will involve some expenses.

Possible disadvantages

A trial separation depends upon several personal circumstances and might not work for all couples. The financial relationship remains the same at this time, and one partner could engage in damaging purchases that could impact the other partner.

Any debt incurred by one spouse at this time remains the responsibility of the other spouse, too. Also, any work bonuses or lottery winnings from this period become joint marital property.

Couples considering a trail separation should look at all of the factors. A frank discussion requires openly confronting the best options for the future of the marriage.