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Similarly, if they have a “separation agreement,” it just shows that they are currently separated and have made some agreements to help spell out rights and responsibilities during this time period.
If the couple decides to legally separate or divorce later, they may be able to incorporate their separation agreement into a judgment of legal separation or divorce.
Check out our section devoted to Military Divorce for lots of helpful information.
Patty and Gus, of San Jose, never thought marriage would feel like this.
If you’re considering a legal separation for health insurance reasons, be sure that a legal separation won’t count as a disqualifying event.
If you are legally separated, you are still technically married and can’t remarry. However, the process for legal separation is almost identical to a divorce; you must obtain a court judgment regarding all of the issued you would have to decide in a divorce: alimony, child support and custody and property division.
“We didn’t believe in divorce and just needed some breathing room to get perspective on our relationship.” Temporary separations are nothing new, but in a country where half of marriages still end in divorce, more couples are taking time apart in an attempt to save their marriages. However, that does not include unofficial marriage breaks like the much-publicized separation between Michael Douglas and Catherine Zeta-Jones, who announced a split back in September and have yet to file for legal separation.
If you get caught, you may try to argue that you were no longer “married” because you and your spouse were living separate and apart, or were legally separated, but that argument is not necessarily going to succeed.
After 21 years together, they barely spoke except to argue about whose fault it was that a bill was delinquent or a car was still in need of repair. Finally, when the bickering sped up and the intimacy stopped, it was Patty who asked Gus to move out so they could “both get space” and try to remember why they got married in the first place.
They hadn’t stopped loving each other, but it seemed as if one of them was always stressed out or exhausted from work and more interested in scrolling through his or her smartphone than engaging in dinner conversation. “We just needed a break,” says Patty, a retail associate in her mid-40s, who, along with her husband, asked that her last name be omitted to protect her privacy. population said that they were separated from their spouses, according to marriage consultant Marie Brinson-Sampson, author of “I Am the Marrying Kind: A Guide to Getting Married, Staying Married and Being Happily Married” (Outskirts Press; 2012).
As stated above, the only way to end your marriage is through divorce.
So, until you have an order terminating your marital status, you are still legally “married” and not really free to date anyone else under military law.