Family Law Lawyer Discusses Living Separate and Apart in Pennsylvania
What Is “Separate and Apart” in Family Law Terms?
Separate and apart falls under section 3103 of the Pennsylvania Divorce Code. Under the code, this term means a married couple ceases to cohabitate, whether living in the same residence or not.
While this may seem like an unusual concept, many couples proceed with a separation as it gives them time to reflect on their marriage before committing to a formal divorce. Additionally, separation rather than divorce may bring financial benefits such as:
- Retention of medical benefits
- Tax advantages and social security benefits
- Appeasement of cultures/religions that prohibit divorce
- Ability of military spouses to maintain military benefits.
It is common among couples living separately and apart to remain in the same home, either for financial reasons or because one spouse may be unable to work up the courage to leave the family home.
Either way, the couple may continue living separately and apart in the same home if it is established that they maintain separate bedrooms, meals are eaten apart from one another, entertaining as a couple is no longer occurring, and sexual relations have ended.
This concept arose from a Pennsylvania Superior Court decision in 1984 in which the court held that “living in quarters separated physically and without sharing the incidence and attributes customarily attached to the marital relationship” are enough to constitute grounds for divorce.
While no conclusive definition/test exists to satisfy this term, what is important is that the couple is living separate lives. If the parties engage in sexual relations, this does not by itself indicate that the parties resumed the marital relationship.
If a complaint in divorce is filed by one party, a presumption arises that the parties are living separate and apart not later than the date the complaint was served on the other party. This means it shall be presumed that the parties are separated at least as of the date the complaint was filed and served.
Even with this information available, trying to grasp the complexities of family law can be challenging. If you’re seeking legal guidance, reach out to the Law Offices of Sheryl R. Rentz, P.C. With over 25 years of family law experience, Sheryl R. Rentz can help answer your questions about living separate and apart.
Call our firm at (610) 645-0100 to schedule a free consultation with our experienced family law attorney.
How Does This Differ From Divorce in Pennsylvania?
The difference between the two terms is how the court recognizes them. A divorce is a legal end to a marriage; meanwhile, living separately and apart is the end of cohabitation and does not require a court order.
To receive a decree of divorce from the court, grounds for divorce must be present. Living separate and apart is necessary for a unilateral no-fault divorce under Section 3301(d) of the Pennsylvania Divorce Code. In these cases, the spouse who wants the divorce must file a divorce complaint, and he or she must allege an irretrievable breakdown of the marriage.
When the spouse can prove that the parties have continuously lived separate and apart for at least one year, the court may grant the decree of divorce even without the consent of the other spouse.
What Is a Separation Agreement and Is It Right for Me?
Although courts cannot officially recognize legal separation, a couple living apart may still negotiate a separation agreement to cover the time in which they are awaiting a divorce.
A separation agreement, which some may refer to as a postnuptial agreement, can establish some ground rules as to who is paying what bills, who has the right to use what property, including the marital home, and the like. The agreement can also address child custody, child support, and alimony.
For several reasons, a couple may wish to remain legally married yet want to live separate lives. Negotiating a separation agreement may be the best option for them.
A separation agreement can last for as long as a couple wishes it to last and thus can prevent the couple from needing to get a divorce in order to protect their rights.
How Living Separate and Apart Affects Child Support
Pennsylvania law mandates that both parents are responsible for supporting their children financially, regardless of their marital status. Child support during separation is an important consideration for parents living separate and apart in Pennsylvania. While the parents may not be legally divorced, the financial needs of their children must still be met. Consulting with a family law attorney can help you understand your obligations and secure a fair child support arrangement during separation.
Several factors influence the calculations for spousal and child support in Pennsylvania. The amount of child support is usually determined based on the Pennsylvania Child Support Guidelines, which consider factors such as the income of both parents, the needs of the child, and the amount of time each parent spends with the child.
How Living Separate and Apart Impacts Property Division in Pennsylvania
The division of joint assets and debts is critical to living separate and apart in Pennsylvania. During separation, it’s essential to identify and categorize all marital assets and liabilities. Marital property typically includes any assets acquired or debts incurred during the marriage, regardless of whose name is on the title. This may include real estate, bank accounts, investments, and personal property, as well as joint debts like mortgages, credit card balances, and loans. The equitable distribution principle guides Pennsylvania courts in dividing these assets and debts fairly, though not always equally.
In Pennsylvania, any assets obtained after the date of separation are generally considered separate property and are not subject to equitable distribution. Accurately establishing the date of separation is important because it marks the cutoff for distinguishing between marital and separate property. Despite this general rule, some exceptions exist. For example, if marital funds or assets are used to acquire new property during separation, that property may still be considered marital, and any income or benefits derived from marital assets during the separation period could be subject to division.
Dividing high-value assets during a separation in Pennsylvania requires special considerations to ensure an equitable outcome. High-value assets include real estate properties, business interests, retirement accounts, and valuable collectibles or investments. Accurate valuation often requires professional appraisals or financial experts to determine their true worth, and the division of such assets may involve complex tax implications and potential liquidity issues. Selling a business or real estate may not be feasible or desirable while living separately and apart, so alternative solutions like buyouts or structured settlements could be preferable.
The Effects of Living Separate and Apart on Parenting Plans and Custody Arrangements
When parents in Pennsylvania live separately, modifications to existing parenting plans may become necessary to reflect the new living arrangements. Adjustments could involve changes in physical custody, visitation schedules, or decision-making responsibilities. The primary concern in modifying a parenting plan is the best interest of the child. Courts will consider factors such as the child’s age, health, emotional needs, and the ability of each parent to provide a stable environment.
Establishing new custody arrangements is often necessary when parents decide to live separate and apart in Pennsylvania. The goal is to create a plan that prioritizes the child’s best interests while accommodating the practical realities of the parents’ new living situations. Factors considered in establishing custody include each parent’s ability to provide a stable environment, the child’s relationship with each parent, and the distance between the parents’ residences.
The Effects of Living Separate and Apart on Health and Insurance in Pennsylvania
It’s crucial to address health insurance coverage early in the separation process to avoid gaps in coverage. Both parents must consider the health insurance needs of any children involved. Consulting with a family law attorney can help you understand your options and ensure you and your children maintain necessary health insurance coverage during the separation period.
Parents living separately but apart must establish clear agreements on how medical costs for spouses and children will be managed during the separation period. This includes routine medical visits, emergency care, prescriptions, and ongoing treatments. Typically, these expenses are shared based on each spouse’s financial capability. Documenting all medical expenses and keeping detailed records of payments and claims will help you avoid disputes. It’s necessary to fully understand the coverage limits and out-of-pocket costs if one spouse continues to provide health insurance.
The Emotional and Psychological Impact of Separation on Children
Providing emotional support to children during parental separation is vital for their well-being. One effective strategy is maintaining consistent routines, which offer a sense of stability amidst the changes. Regular meal times, bedtime routines, and scheduled activities can create a comforting structure. Open communication is also key; encourage your child to express their feelings and listen without judgment. Validate their emotions and reassure them that both parents will continue to love and support them.
Avoid involving your children in conflicts or using them as messengers. Instead, present a united front and communicate directly with your co-parent. Seeking professional help, like family counseling, can provide children with a safe space to discuss their feelings and learn coping mechanisms.
Navigating the emotional landscape of parental separation can be daunting, and seeking professional guidance is often a prudent step. Child psychologists and therapists specialize in helping children process their emotions and develop healthy coping mechanisms.
Are You Considering a Pennsylvania Separation?
If you are married and considering a separation, consult a Montgomery County divorce lawyer before taking any steps. You must understand your legal rights so that you take the right steps.
The Law Offices of Sheryl R. Rentz, P.C., has over 25 years of experience. We guide you through all the challenges you will experience during the process of separation. If this sounds like you, call our family law attorney at (610) 645-0100 to schedule a free consultation.
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