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The marital status of a person helps people know if someone is married or not. There may be many questions that one may have regarding marital status, legal standing and implications on various aspects of life. Most of the times these questions are due to separation from a spouse. In such situations, people may not be sure how to address these legal issues themselves. Sometimes questions could arise for tax purposes and in case of death of a spouse. Given below are answers to some of the most frequently asked questions about the legal aspects of a person's marital status. If an individual is legally separated from his/her spouse, what would his/her marital status be?
An individual may be considered to be married when he/she is legally separated from his/her spouse. He/she would not be able to get married again till he/she files for and gets a formal divorce decree. The main purpose of legal separation would be to separate financial matters and property between the spouses. Once legally separated, the couple may not be able to acquire property together and any property acquired after a legal separation by a spouse would be treated as his/her own individual property. If a person is unsure whether to get a divorce or legal separation, how can he/she protect his/her assets?
An individual may file for a legal separation if he/she is a dependant on the spouse’s insurance or is married for tax purposes. If the individual is not dependant on the spouse in any way, he/she may file for a divorce. Getting a divorce will give the individual a single status and he/she will be able to execute any plans that he/she may have. If a person who was getting alimony gets remarried, can the ex-spouse stop paying alimony?
No laws in any state stop a person from acting like being married. The ex-spouse will have to remarry if he/she wants to stop the alimony payments. It would be considered illegal if the ex-spouse marries again but pretends to be single to get the alimony. The individual will have to pay the alimony if the ex-spouse is not married but pretends to be remarried. If a person is living with an already married individual, will he/she lose custody of his/her children?
While deciding on matters like the one mentioned above, the court may prioritize the child’s best interest. The court may believe that cohabitation may have an effect on the child and will take that into consideration while deciding on such matters. The court may decide that an adulterous relationship can cause harm to the child. In some situations, the parent may not even be allowed to have guests overnight at his/her house. One may be legally separated from one’s spouse and may be confused about how to address issues about one's marital status, finances, etc. In such cases, one may also have questions about dividing finances and filing taxes. In such situations, it is always a good option to ask a family lawyer and get all one’s doubts about marital status cleared.
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