The Danger of Remaining Separated Rather Than Entering a Separation Agreement or Getting a Divorce

The New York Times just recently published an op ed article that gave many a story of people staying separated, not pursuant to a separation agreement, rather than entering into a separation agreement or getting divorced.

Pamela Paul, the author, relays story after story of the rich and famous people who have just physically separated in a de facto manner, as she puts it.  Ms. Paul briefly touches on the dangers of not having a legal separation agreement in writing or not obtaining a divorce.  But she gave little focus to the topic.  This topic deserves more attention.

Although some couples decide to forgo negotiating a separation agreement or actually taking the plunge into divorce, there are many dangers to doing so.

For example, if you are just physically living apart without a separation agreement, but are still married, your spouse is still accruing his or her proportional share of your pension fund.  If, in the future, he or she decides to claim her right to your pension fund, he or she will be entitled to the proportional share of the entire time that the pension was accruing during your marriage.  The court doesn’t care if you were “separated” if there was no separation agreement.

Furthermore, without a separation agreement or divorce each parties’ rights and responsibilities vaguely remain up in the air.  There is no definitive agreement in writing that can be upheld in a court of law.  Oral agreements are difficult to prove.

If you are considering a separation or divorce from your spouse, please contact our law firm to schedule a free consultation. (866) 830-2064.