Anonymous

Difference between revisions of "Separation and the Law"

From Clicklaw Wikibooks
m
Line 235: Line 235:
Someone who is separated but still married can become a spouse in an unmarried relationship. Not everyone is in a rush to get a divorce once a marriage breaks down, and some people don't get around to getting a divorce until many years have passed since they separated.
Someone who is separated but still married can become a spouse in an unmarried relationship. Not everyone is in a rush to get a divorce once a marriage breaks down, and some people don't get around to getting a divorce until many years have passed since they separated.


If you are separated from your married spouse, you are still married and will continue to be married to that person until you get a divorce. If you enter into a new romantic relationship while you are separated, and live with the new person in a "marriage-like relationship" for more than two years or have a child with that person, you will be considered to be in an unmarried spousal relationship; it doesn't matter whether you're divorced or not.
If you are separated from your ''married spouse'', you are still married and will continue to be married to that person until you get a divorce. If you start a new romantic relationship while separated from your ''married spouse'', this new partner can become your ''unmarried spouse'' if:


*you live with the new person in a "marriage-like relationship" for more than two years, or
*you have a child with the new person. It does not matter whether you're divorced or not.
 
If you find that you're married and also in a new relationship that qualifies as a spousal relationship:
If you find that you're married and also in a new relationship that qualifies as a spousal relationship:


*you may have an obligation to pay child support for your partner's children as a stepparent,
*you may have an obligation to pay child support for your new partner's children as a stepparent,
*you will have an obligation to support any children you and your partner have together,
*you will have an obligation to support any children you and your new partner have together,
*you may have an obligation to pay spousal support to your partner, and
*you may have an obligation to pay spousal support to your new partner, should you separate, and
*there may be family property and family debt that you might be required to share with your partner.
*there may be a requirement to share family property and family debt with your new partner, should you separate.  


These obligations are in addition to whatever obligations you have to your married spouse and any children from your marriage.
These obligations are in addition to whatever obligations you have to your married spouse and any children from your marriage.