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Divorce and Family Law Office of Joanne Kleiner

Amicable Divorce Attorney

postnuptial agreement

Apr 05, 2024

Living Separate and Apart Can Help You Define Your Divorce

Some couples choose to separate before they divorce. However, while in Pennsylvania the court will not officially recognize a legal separation, proving to the court that you and your spouse were living separately and apart can be an important factor in a divorce.

What Does Living Separate and Apart Mean?

Living separate and apart means that a couple has decided to stop living as a married couple, even if they are continuing to live under the same roof. They sleep in separate bedrooms, do not entertain guests together, and generally maintain separate lives. It is usually implied that they have also ceased to have sexual relations. When couples live “separate and apart,” it is understood that neither spouse has engaged in any of the aspects that define a marital relationship.

Why Do Some Couples Choose to Live Separate and Apart?

There are many reasons why couples might choose to live separate and apart before seeking a divorce. For some couples, this might be a short-term situation, but for other couples, this might be the ultimate solution to their issues. Some of the reasons couples choose this include:

  • Needing time to decide if they want to proceed to a divorce or continue working on their marriage
  • Dealing with religious or cultural pressures that frown upon divorce
  • Retaining access to benefits such as health insurance, tax breaks and military benefits
  • Saving money while both people explore separate housing arrangements
  • Providing stability for the children

Crafting a Legal Separation Agreement During this Period

When couples live separate and apart, they might also choose to negotiate a separation agreement. Each spouse will want to work with their own divorce lawyer to prepare the agreement, which is in some ways a postnuptial agreement.

Such an agreement is one way to establish clear rules about how the separation might work. This might also help them prepare for their divorce settlement negotiations. Some of the things couples can include in a separation agreement include:

  • Each person’s responsibility for paying bills
  • A child custody schedule
  • A schedule and rules for the use of the family home
  • Child and spousal support payments

How Living Separate and Apart Can Be a Precursor to Divorce

When a couple is struggling in their marriage, they might want options to resolve the issues. However, if the couple chooses to proceed with the divorce, there must be proof that the marriage has ended. Living separate and apart is one way to show this.

In a no-fault divorce, for example, living separate and apart can be the grounds on which a divorce is granted, even if only one spouse files the divorce complaint that the marriage is irrevocably broken. If that spouse provides proof that the spouses have been living apart consistently, the divorce might be granted even if the other spouse does not provide their consent.

Once a spouse files a complaint for divorce, the court presumes that at least from the date that the complaint was served on the other spouse, if not earlier, the spouses were living separate and apart. During this time, each spouse could consult with their divorce lawyer to begin their plan for the divorce negotiations. The couple might choose litigation to resolve their divorce issues, but they might also consider other divorce options, such as mediation, arbitration, or collaborative divorce. These options, along with a no-fault divorce, might help couples avoid a costly and drawn-out divorce process.

Find a Divorce Support Team That is Right for You

Having a divorce support team is important to help you make the best choices during the process. Having a team that will listen to your concerns and answer your questions honestly while guiding you through your divorce can help you achieve your goals. At the Law Office of Joanne Kleiner, we can provide the assistance you seek. Call us today at 215-886-1266 to schedule a consultation with Joanne Kleiner at our Jenkintown offices.

Apr 04

Pre-Divorce Dissipation of Assets

Safeguarding Against Pre-Divorce Asset Dissipation

The dissipation of marital assets is when one spouse misuses marital assets either maliciously or simply through poor decision-making and, in doing so, denies the other spouse a fair share. Divorce lawyers caution that not every poor decision is asset dissipation, but it is generally an unreasonable expenditure that disenfranchises the other spouse. Therefore, it may be necessary to protect assets that could otherwise be wasted with no legal recourse to reclaim them.

Communicate With Your Spouse

Divorce experts recommend open and honest communication between estranged couples whether you are working on the marriage and considering divorce, separating, or in the process of getting divorced. If communication between the two of you is positive, an effective approach is to establish a new budget for this new period in your lives and to agree that no major financial decisions are made without mutual consent.

Attend Divorce Counseling

A struggling marriage is an incredibly stressful situation that will only become more taxing and traumatic as you move forward into the actual divorce phase. Mental health professionals encourage spouses to attend divorce therapy either individually, as a couple, or both. This can make the communication discussed earlier easier and more practical.

Another point to consider is that wasteful spending during a divorce often is not a malicious or even a calculated move but rather the byproduct of a manic episode. The potential is even higher in people who suffer from a mania-related disorder, and attending counseling provides that spouse with resources and tools to deal with the intense emotions that they are experiencing.

Sign a Postnuptial Agreement

A postnuptial agreement is similar to a prenuptial agreement except that you sign it after you are married as opposed to before. These have become increasingly common as they provide a couple a means to update the marital agreement as they get older and their needs, wants, and goals change.

Disentangling two lives is often complex and only more complicated the longer the couple has been together. Many couples decide to get divorced but put it off to get everything organized, and a postnuptial agreement is a way to do that. You can agree on:

  • Spousal support
  • Child custody and support
  • Division of assets and liabilities

Discuss Spending Concerns With Your Lawyer

It is recommended that you seek representation from a divorce lawyer as soon as you recognize that there is a likelihood of your marriage coming to an end. Your lawyer will be able to provide you with personalized advice that helps you protect your assets. A lawyer can also take steps on your behalf, and that may include filing for divorce. Once that process is set in motion, both you and your spouse have to file a financial affidavit called a Statement of Net Worth. That affidavit can make it much easier to prove that wasteful spending occurred.

Close Joint Financial Accounts

The process of disentangling your lives financially should begin with the termination of any financial accounts for which you are jointly responsible. These can include:

  • Credit cards
  • Home equity lines of credit
  • Joint checking and savings accounts

Track Spending and Keep Receipts

Carefully track all spending that occurs during this period, including your own. If you notice an unreasonable expenditure, write it down, and keep any receipts or other official documentation related to it. If there is documentation that you may lose access to later, make copies of it, and store those copies in a safe place and somewhere other than the marital home.

Assistance With Protecting Your Marital Property

If you are considering divorce or are in the process of divorcing and fear the misuse of marital assets by your spouse, the Law Office of Joanne Kleiner is here to help. Joanne Kleiner is a Pennsylvania family law attorney with more than 25 years of experience in handling divorces, and she has dealt with many cases involving the dissipation of marital assets. To schedule a confidential case review at our Jenkintown office, call us at 215-886-1266 or use the contact form on our website.