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Common Questions about Pennsylvania Marital Separation
In Pennsylvania, legal separation is not an option. But an out-of-court marital separation agreement is allowed if the spouses mutually agree. A marriage separation agreement in Pennsylvania enables each spouse to consider their own needs and decide whether they want to continue living together. If one spouse does not desire a marriage separation, this can lead to marital problems and possibly litigation.
Do You Need a Separation Agreement To Separate Your Spouse in Pennsylvania Officially?
It's not mandatory to make your separation official in Pennsylvania. But it's a good idea to do so. An official separation allows you and your partner to sort out the terms after the breakup, such as custody, child support, division of assets and liabilities, and spousal support. Agreeing on these issues and putting them in writing makes it legally binding.
What Steps Can I Take If My Spouse Does not obey The Separation Agreement?
Pennsylvania marital separation law states that a marriage separation agreement is not legally binding. This means you can't get a court order against your spouse. But you can sue your spouse for breach of contract.
What Do You Need To Qualify for Child Support in a Marriage Separation Agreement in Pennsylvania?
Both parents must meet specific requirements to qualify for child support in legal separation in Pennsylvania. The first requirement is that the child must live with one parent or guardian for at least six months. The other condition is that parenting time needs to be allocated relatively based on factors like income, custody arrangement, and health concerns.
If either of these requirements is not met, the court may decide that there is no need for support from one parent. Each case will vary accordingly, so you must consult an attorney if you are unclear about your rights or responsibilities in a marital separation agreement in Pennsylvania.
When calculating the amount of child support, the following factors are taken into account:
The amount of time the child/children spend with each parent
Each parent's net monthly income
If there is any unpaid child care or school expenses
The number of children the couple has
Any mortgage payments due
The parent that takes care of the child's/children's health insurance
Do You Qualify for Spousal Support If Separated in Pennsylvania?
You do not need to be divorced to get spousal support in Pennsylvania. You can request spousal support/alimony when separated. In Pennsylvania, the higher-earning spouse pays spousal support.
Can Children Decide Which Parent To Live With During Separation?
Pennsylvania law does not grant children the right to choose which parent to live with during separation. It is the parents or the courts that decide.
How Is Spousal Support/Alimony Amount Determined in Marital Separation?
One standard calculation method considers expenses incurred by both parties during the marriage, earning potential after separation, and financial resources available to both spouses post-separation. Additionally, alimony payments can be adjusted if there are any changes in circumstances. For example, if one spouse earns more money than expected after their separation.
Remember that alimony is not automatically awarded following the dissolution of marriage; either party must specifically request it through an Order for Support (OS).
If you live in Pennsylvania and want to enter into a marriage separation agreement, you will need to fill out the separation form. Forms.legal provides all kinds of marriage separation forms. Just explore our website and download and print the free Pennsylvania marital agreement form and you are good to go. These forms are free to download and print, saving you time and money you could have spent on visiting an attorney.
Sample Pennsylvania Marital Separation
PA Marital Separation Agreement
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