Divorce After Long-Term Separation
Separating informally before a divorce is common. Couples who do this live apart, maintain separate households, and even start building new lives. Yet without legally ending the marriage, their financial and legal ties remain intact.
Should these couples finally decide to move forward with a divorce after years of separation, they could face unique challenges in addressing the legal consequences of their prolonged split. Professionals, such as Bucks County family attorneys, are available to assist in these situations.
Legal Ramifications and Rebuilding Financial Records
Unlike some states, Pennsylvania does not recognize a legal separation. That means no matter how long a couple has lived apart, they remain legally married until a divorce is finalized by the court. Assets acquired during the marriage, even after years of living apart, may still be considered marital property. This includes real estate, retirement accounts, and business interests.
Similarly, debts accumulated by one spouse during the separation could be treated as marital obligations. There are inheritance rights and support obligations to consider, too. Until the divorce decree is entered, each spouse may retain inheritance rights under Pennsylvania law and depending on circumstances, spousal or child support issues may also arise.
When couples wait years to file, sorting through overlapping financial and legal obligations can be complex. After long-term separation, one of the first hurdles in divorce proceedings is piecing together accurate financial records. Courts require a full picture of both parties’ income, assets, and debts to make fair decisions.
For couples who have been apart for years, this often means:
- Tracing asset ownership. Determining which assets were acquired before separation versus after, and whether they should be classified as marital or non-marital.
- Reviewing retirement accounts. Pension and retirement contributions made during marriage, even after informal separation, may be subject to equitable distribution.
- Identifying hidden or overlooked accounts. Long separations can make it easier for one spouse to overlook or conceal financial activity.
- Collecting tax returns and credit reports. These documents help paint a clearer picture of financial history during years of separation.
In addition to finances, couples who have been separated for years need to revisit legal documents that were never updated. There are wills, estate plans, titles, and beneficiary designations to review. Out-of-date documents can create unintended consequences if not properly addressed.
A Divorce Provides Legal Independence
While informal separation may have offered a temporary solution, only a finalized divorce provides true closure. By working with a seasoned Bucks County family attorney, individuals can collect the financial records and legal history necessary for a fair resolution, ensuring that assets and obligations are divided equitably and that outdated legal ties are severed.
Do you want to talk to a lawyer about legally ending your marriage after years of living apart from your spouse? The attorneys at Kevin L. Hand, P.C. regularly help couples navigate divorce after long-term separation. Legal experts are able to guide you through the process, protect your financial interests, and help you move forward with confidence. Call 215-515-2604 for a confidential consultation.
