Marital Status Questions
What is a person's marital status if they are legally separated and what does it mean?When a person is legally separated, they are still married and cannot remarry until they have become divorced. The purpose of a legal separation is to separate each spouses financial issues, making each person responsible for their own debts and future financial obligations. After a judge grants the legal separation, the couple will generally not acquire any further community property together or responsible for any type of spousal support unless it has been ordered by a judge.
How does a person protect their assets if they are unsure if they should divorce or just legally separate?Usually if you depend upon your spouse's insurance or want to remain married for tax purposes, you would want to file for legal separation. You are still legally married, so you would want to avoid another romantic relationship during this time. If you don't rely upon your spouse's health insurance or want the tax benefits, you should consider filing for a divorce. A divorce will end the marriage, allowing you to carry a single status and allow you to proceed with your future plans.
While you are deciding what route to take, you may want to make copies of any financial statements and other relevant documents that will be used to finalize any agreements between you and your spouse. You should also seek an Expert who is experienced with divorce to further assist you.
Can an ex-spouse stop paying alimony if the person who is receiving the alimony claims to be remarried?There are no laws that prohibit a person from pretending to be married. In order to stop the alimony payments, your ex-spouse would have to actually remarry. However, if the ex-spouse was remarried and claiming to be single, in order to claim the alimony, this would be illegal. Regardless of the reason, if the ex-spouse isn't remarried, but claims that they are, you must continue to pay the alimony payments.
In Ohio, is there anything that should be done for a trial separation and how should the taxes be filed?A legal separation would be a better option; however, you only need to move out to be considered separated. There are sections in the Ohio Code that will help you create an agreement, Section 3105.63 (for your separation agreement provisions), Section 3119.02 (for child support calculation if you have any children together), and Section 3105.01 (for actual grounds under which you are seeking divorce). Once you have made your agreement, you may then file it with the court. When dealing with your tax returns, if you are legally separated, you income will be listed as separate. This status will deny you certain deductions and you would file married, filing separately. This filing status will make your deductions lower, however, if you reconcile before filing, you can file jointly.
Can a person lose custody of their children if they are living with a married person?The court always puts a child's best interest first in matters of custody. The court's view on cohabitation is that there is a direct affect on a child's well being, and will consider this when dealing with a custody proceeding. The court could very well find that an adulterous relationship as a poor environment for a child, but this will depend upon the current situation and the details of the relationship. The court could also choose to prohibit you from having overnight guests in the home if there are children present.
Are you separated and unsure how to address yourself? Going through a divorce and are legally separated but unsure how to file your taxes? Well, you're not alone. Many people wonder about their marital status for many different reasons. If you have questions regarding marital status, you can ask the Family Experts. The Experts can answer any question that you have in an efficient and knowledgeable manner.