What is more advantageous, legal separation or divorce? Does legal separation provide spousal support?

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We have been married for 30 yrs. Have 2 children, 1 on own (25) and 1 in college(21). We also own a house with a mortgage and home equity loan, 1 car. My husband was unfaithful.

Attorney Answers

3
Kristen Browde ·
Separation would not provide spousal support unless it is agreed to in a negotiated settlement. You should consult with a divorce attorney in your area to discuss the specifics of your case.
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Cathy Wagner ·
I agree with attorney Beaulier - the process is the same - the result is the difference. I disagree with attorney Browde, however. A legal separation can provide for spousal support and it doesn't have to be my negotiated settlement. The judge can make the same decisions in a legal separation case as in a divorce case. Therefore, the judge can award spousal support in a legal separation. You should consult with an experienced family law attorney about the specific facts of your situation.
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Maury Devereau BeaulierCriminal Defense AttorneyMinneapolis, MN ·
In mMinnesota, the process and issues in a legal separation and a divore are identical. The only difference is that with a legal separation, the marriage is not terminated.
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