What Will Happen to Your Kids If You and Your Spouse are Legally Separated?

Aside from you and your ex-spouse, your kids will also strongly feel the effects of your legal separation. For one, they’ll never get to see their parents show affection towards each other anymore. Also, they won’t live in the same house anymore. There will be a lot of adjustments on the part of the kid. So after you and your ex-spouse legally separate, what will happen to your children? Let’s find out:

Difference Between Legal Separation and Divorce

It’s important to note that legal separation is different from divorce. In legal separation, the couple is still a couple under the law but act as if they are already in a divorce. Unlike in a divorce, legal separation still allows the couples to benefit from each other’s government benefits. These include social security, tax benefits, and others.

On the other hand, in a divorce, both you and your spouse will no longer be legally a couple and one will have to pay an alimony and child support. If you’re curious on how to compute for alimony, you may use the Modern Law calculation.

What it Means For Your Children

First of all, if you and your spouse are in a period of legal separation, this means that you both aren’t totally split yet. This means that the both of you may still live together until the final judgment from the court comes. In this case, the both of you may still want to try to raise the child together before the consolidation of the separation. The child will still have the whole family until the time comes when the parents make a new arrangement.

If you and your spouse want to live under separate homes, you can create an arrangement for custody. The arrangement is shown to the court for approval. Once the court agrees that the arrangement is good, the child will then follow the arrangement. This means that the parents have the freedom to make the arrangement as to where the child stays.

If the child is already 12 years old or above, he or she has the choice to decide where he or she wants to stay—with his or her mom or dad. Everything will pretty much be the same for the child except that he or she has to follow the arrangements that were decreed by the court.


Basically, these are some of the things that will happen to the child after the legal separation. While the making arrangement for the schedule of the child is easy, you also have to take care of his or her emotional state.

In a separation case, the child will feel very insecure and sad because he or she will feel that he or she lost both parents. It is the job of the parents to continuously reassure the child that they both love him or her. It is also the parents’ job to help the child cope with the whole hullabaloo of the legal separation. This ensures that the child won’t feel anything bad after the whole episode.

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