Columbus, OH Legal Separation Attorneys
A legal separation allows married couples to live apart while remaining legally married. Our attorneys help you understand your options and protect your rights throughout the process.
A legal separation is a court order where the married couple remains married but lives separate and apart, as provided under Ohio Revised Code Section 3105.17. While the court order does not legally end the marriage, it does allow the court to issue orders regarding marital property division, the allocation of parental rights and responsibilities, and spousal and child support.
There are many different reasons why a couple may choose legal separation rather than ending their marriage through dissolution or divorce. Some of these reasons include assurance that life insurance, health insurance, and retirement benefits continue as intended.
The decision to separate is deeply personal, but understanding the legal implications can help you make an informed decision. An attorney at Borshchak Law Group in Columbus, OH can assist you in understanding the legal implications and walk you through the process, step by step.
Importantly, under ORC Section 3105.17(B), either spouse retains the right to file for divorce after a legal separation has been granted, preserving flexibility if circumstances change.
Importantly, Ohio law does not require that spouses actually be living separately and apart at the time of filing. Either spouse may file for legal separation regardless of the current living arrangement.
Health insurance, life insurance, and other benefits that depend on marital status can continue under a legal separation. Many employer-sponsored health plans allow a spouse to remain covered as long as the marriage is intact. Losing coverage through divorce can be costly, particularly if one spouse has a pre-existing condition or limited access to employer-provided insurance. Legal separation allows you to maintain these critical benefits while still establishing court-ordered protections.
Certain retirement and pension benefits require a minimum number of years of marriage. Legal separation preserves the marriage while allowing couples to live apart. For example, Social Security spousal benefits require at least ten years of marriage, and some military and federal pension plans have similar thresholds. By choosing legal separation instead of divorce, you may be able to preserve eligibility for these benefits while still obtaining court-ordered support and property division.
Once you have made the decision to move forward, you will file a complaint for legal separation with the proper court. A separation agreement is an essential step and should be done with the advice of an experienced attorney. The court can issue orders on the following:
All marital debts and assets are identified, valued, and allocated between the parties. This includes mortgages, credit card debt, retirement accounts, investments, and business interests. Ohio law requires full financial disclosure from both spouses, and failure to disclose assets can result in sanctions from the court. Complex assets such as pensions, stock options, and closely held businesses may require professional valuation. Your attorney will work to ensure that the division of debts and assets is fair and that you are not left responsible for obligations that should be shared.
We have the experience to help counsel you with thoughtful guidance through the legal separation process. Our attorneys understand the emotional complexity of this decision and provide compassionate, knowledgeable representation every step of the way.
Whether you are considering legal separation for insurance benefits, personal beliefs, or as a step toward potential reconciliation, we are here to help you navigate the process with confidence.
Legal separation gives you the protection you need while keeping your options open. Call for a free consultation.