When are we legally separated?
Legal separation is defined as a point at which you are no longer living together and there is no chance you will resume cohabitation. Often just prior to or during separation, each spouse consults with a lawyer to draft a separation agreement and property settlement. The separation agreement will discuss how property should be divided, who will stay in your house, what spousal support should be paid and who children should live with.
Separation agreements, once signed, are binding as contracts. You should meet with a lawyer to ensure that your rights are protected and that you understand everything before signing the contract. If you decide later on that you do not like the agreement, you can try to renegotiate it or you can take it to the court to have a judge decide if it should be changed. However, this is not easy to do so you should be sure you have all the information and advice you require.