Legal separation is the solution when you’re neither married nor divorced. If one of you have already moved out, please consider making it legal to protect yourself concerning child custody and support, taxes, and any new debts that might be incurred. It can also help form a basis for negotiating your eventual divorce settlement. All states except Delaware, Florida, Georgia, Idaho, Mississippi, Pennsylvania, and Texas recognize legal documentation of separation.
Paperwork When considering a separation, ask what the legal ramifications of these actions are in your state, and have your lawyer draw up the separation agreement to best protect you. If you feel up to it, you can also fill out your own separation papers and file them yourself.
Precedence If you are considering moving out during your separation, realize that this might set a precedence for what is awarded in the divorce. If you own a home, it is best not to give up your rights before divorce papers are drawn up. Try to spell out who will be awarded the home in your separation agreement. If you are renting and choose to move out, this is only relevant if children are involved.
Preparation
Take your name off the lease. If your landlord is unaware of the separation and your spouse doesn’t pay the rent, then you will be held liable for anything that is past-due.
Take your name of the utilities (gas, electric, phone, cable, trash, paper, etc.). The same reason as above applies.
Forward your mail to a post office box or to a close friend or relative.
Make note of all address, phone numbers, and account information on mortgages, bank and credit accounts, insurance policies, pension accounts, and any other financial paperwork you will need after the separation.
Make copies of all tax records for the past six years. Realize that State and Federal tax agencies are not parties to a separation or divorce, so if there are back taxes owed, you will still be legally responsible for the debt.
Put a freeze on all joint credit accounts. Since you are legally responsible for the debt, you don't want to be paying for his spending spree when he fails to pay on the account.
List what is in safety deposit boxes ( it's also wise to take a picture of the contents), and take any personal items.
Pack up what you need, and anything your spouse might keep after your separation to hurt you, such as:
clothing, shoes, and coats
pictures, books, and movies, family heirlooms and mementos
medicine, make-up, hair dryer, curler
school and medical records, address book, journal
furniture and appliances, dishes, pots, utensils, food
bedding, towels, and bath supplies, cleaning supplies
phones, computer, office supplies
grill, outdoor equipment, tools, recreation and sports gear
