Common law separation is when unmarried couples who have lived together decide to separate. Assets are divided based on what each person brought into the relationship, and common property is often divided equally. Child support is likely, but spousal support may not be awarded. Custody and support arrangements for children are usually worked out outside of court. Obtaining spousal support after a common law separation can be difficult, depending on the jurisdiction.
A common law separation occurs when two individuals who have lived together, in a common law marriage situation, decide to go their separate ways. Unlike couples in a legally binding marriage where all assets are usually divided equally, couples going through a common law separation take only what is theirs. Common property is often divided equally. While getting child support is likely, getting spousal support may not happen in these types of situations.
Couples, whether legally married or not, separate for a variety of reasons. Sometimes one person will decide to leave, other times it will be a mutual decision. A common law separation can be temporary or permanent. Unlike a traditional marriage, however, in the case of common law separations, the parties are often able to walk away without paperwork or legal process.
When it comes to assets, a general rule of thumb during a common law separation is for the parties to walk away from the relationship with whatever each brought into it. This includes property and assets as well as debts. For example, if a couple moves into a house owned by the man, in the event of separation, the man will usually keep the house. On the other hand, if she had a large amount of credit card debt, the woman would not be responsible for it after they separated.
A little more complicated are cases involving property or assets acquired during a common law marriage. This is especially true with large purchases, such as a house, where both parties own a portion. In these situations, the property is often sold and each party takes half of the value. One party could also redeem the other party to keep it.
If a couple has children, child custody and support arrangements are usually worked out during a common law separation. Most experts dealing with common law divorce and separation agree that it is best done outside of the courtroom, as the attorney fees are usually quite high. If an acceptable agreement cannot be reached, mediators or lawyers may be needed.
Spouse support is a little more difficult to obtain after a common law separation. In some areas that recognize common law marriage, a common law spouse may be able to petition for spousal support. In some areas of Canada, for example, a party can claim child support for up to two years after the separation. Other areas, however, don’t allow this option at all.
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