Legal Separation Insights

Overview A legal separation may be awarded in Alabama based on statute. A Court may award a decree for legal separation where the marriage is irretrievably broken; there is an incompatibility of temperament; or where one or both parties desire to live separate and apart. Where children are involved, the Court must to the extent of its jurisdiction follow Alabama Administrative Rule 32 concerning calculation of child support.

Are the Alimony and Property Agreements Awarded in the Decree of Legal Separation Binding on a Decree of Dissolution of the Marriage? Upon award of a decree for legal separation, neither couple is precluded from bringing an action for dissolution of the marriage (divorce). In the decree for divorce, the Court may include the provisions for alimony and property settlement contained in the decree for legal separation if both parties agree. Otherwise, the Court may consider these prior provisions but is not bound by them.

Is Child Custody awarded in the Decree of Legal Separation Binding on a Decree of Dissolution of the Marriage? The Court will consider what is in “the best interest of the child”, which is the same standard applied in a divorce case.