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Legal separation and informal separation in Minnesota

There's a difference between legal separation and informal separation in Minnesota. This article will discuss the primary difference between the two, in addition to describing what legal separation is and how it works in more detail.

With informal separation, two spouses will simply live apart. The date of informal separation is particularly important because it marks the day that any additional assets (or debts) accrued by the spouses will be considered as individual property as opposed to marital property. In this respect, it affects asset division proceedings. 


With legal separation, two married spouses will come to a formal agreement by which they resolve many of the issues that will need to be resolved in their divorce proceedings. Issues that may be resolved in legal separation include apportionment of property, responsibility for debts, parenting time, child custody, house and car possession, other asset and property division matters and spousal maintenance. All that said, not all of these issues will need to be addressed in a legal separation; and, the spouses will technically remain married so these matters will not have been resolved with finality.

There are a lot of reasons why two spouses might choose legal separation as opposed to divorce. Perhaps the challenges between the spouses are so strong that they need to live apart while they do what is necessary to reconcile their differences. Or, there may be financial reasons to not get formally divorced, like one of the spouses is receiving insurance or other benefits from the other spouse. Two spouses might also choose legal separation for religious or other reasons.

Are you considering the benefits of legal separation in Minnesota? By discussing the facts of your situation with a qualified personal injury lawyer, you can explore whether legal separation is advantageous as well as the various legal separation options available to suit your needs. 

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