Legal Separation (Separate Maintenance, Temporary Separation)

While some states recognize “Legal Separation,” Mississippi does not. But Mississippi does have provisions for Separate Maintenance. Separate maintenance is available to spouses who, for whatever reason, do not want a divorce. The proof in a separate maintenance case rests on whether or not the main breadwinner has left the marital home without cause. If so, and if the non-offending spouse does not want a divorce, then separate maintenance can be filed for. Your separate maintenance lawyer would show in court that there is a marriage, one spouse has left and the remaining spouse cannot afford to maintain the household without financial help. The court will consider the financial position of both parties, offered in the form of evidence, and issue an award of separate maintenance support for the spouse and children. The significant point to remember in a separate maintenance case in Mississippi is that a separate maintenance order is legally couched in two terms to the absent spouse: 1) pay the ordered funds, or 2) return to the marital domicile. So, a separate maintenance order is therefore not a legal separation, because the leaving spouse can return at any time and, upon return, the separate maintenance order is automatically dissolved by operation of law. At the Law Offices of John R. Reeves, PC, we have handled many separate maintenance cases over the years of our practice. Don’t risk inexperience and unpreparedness.

In a Separate Maintenance action you will remain married. There are numerous reasons you may have for seeking a Separate Maintenance Agreement rather than a Divorce, such as:

• Religious Reasons
• Insurance Reasons
• Social Security Reasons
• Personal Reasons

This page provides general information, not legal advice. Every situation depends on its own facts, and reading this page does not create an attorney-client relationship.