What Should You Know About Legal Separation in Illinois?

 Posted on October 12,2024 in Family Law

Perhaps you know your marriage is on the brink of divorce, but you are not quite ready to take that final step. In Illinois, you can choose legal separation, which allows you and your spouse to live apart while remaining married. This gives you some breathing room to determine whether you really want to divorce and even see what it might be like to be divorced. If you are unsure whether you want to divorce your spouse, speak to a knowledgeable Geneva, IL divorce attorney from Serrano Hanson. We will help you make the best decisions for your situation and your future.  

What Are the Requirements of an Illinois Legal Separation?

A separation petition must be filed by one spouse to start the legal separation process. At least one of the parties must reside in Illinois, and the parties must live apart before filing for legal separation. While the law states that the parties must live apart, this does not necessarily mean that they must live in different houses. The court understands that not every couple has the financial means to afford two households during the separation.

However, the court does require the couple to be "physically and financially separated." This could mean that the spouses have separate bedrooms in the same home and are essentially living separate lives. A legal separation can include all the financial arrangements of a divorce, although marital assets may or may not be split during the separation.  

Legal Separation Vs. Divorce?

One spouse may believe reconciliation is possible in the future, so he or she hopes a legal separation will give the other spouse a "dose of reality" that will convince him or her to commit to the marriage. Other reasons for a legal separation include:

• Religious or cultural reasons to avoid divorce.

• Desire of either party for more time to think about whether divorce is the right choice for everyone involved, and not wanting to live with his or her spouse during this reflective period.

• Expected pushback from family members that neither spouse wants to deal with right now.

• Preference to avoid placing their children in the middle of a divorce right now, perhaps because one of them is already in a vulnerable situation for another reason.   

• Benefits like health insurance or a pension that you cannot afford to lose right now.

• Military benefits that one spouse receives from the other, which could be lost in a divorce.

Will I Receive Child Support and Spousal Support During a Legal Separation?

Although not every couple divides marital assets during a legal separation, some do. Like divorce, if you and your spouse are unable to come to mutually acceptable decisions regarding the allocation of parental responsibilities, child support, and spousal support, the judge will make those decisions on your behalf. 

During your legal separation, if either spouse decides divorce is the only answer, he or she can file for divorce. The agreements reached in a legal separation regarding the allocation of parental responsibilities, child support, and spousal support will stand unless they are explicitly stricken in the divorce judgment.

You should not automatically assume that any court decisions made during your separation will carry over to your divorce. The spouse paying spousal support during a separation may balk at making that support long-term. Likewise, a spouse who enjoyed his or her freedom during the separation may now want more time with the children once the divorce is finalized. When a couple goes from being separated to divorced, the settlement can be renegotiated.

Contact a Kane County, IL Divorce Lawyer

If you are not quite ready to divorce your spouse or have other reasons you want to be legally separated, you need an experienced attorney to protect your rights. Having a Geneva, IL divorce lawyer can help you now and in the future should you decide that divorce is the right step. Divorce and other family law matters are the primary focus of our practice. We are in tune with the needs of our clients and strive to make the process as painless as possible. Contact Serrano Hanson at 630-844-8781 to schedule an initial consultation. We are fluent in Spanish and English.