What Legal Separation Requires
A legal separation in Arizona follows requirements similar to a dissolution. One spouse must be domiciled in the state, conciliation provisions must be met, and the marriage must be irretrievably broken or one or both parties must desire to live separately.
The other party does not object to a decree of legal separation. If the other party objects to a decree of legal separation, on one of the parties meeting the required domicile for dissolution of marriage, the court shall direct that the pleadings be amended to seek a dissolution of the marriage.
A.R.S. § 25-313(A)(5)One key difference: if the other spouse objects to a legal separation, the court converts the case into a dissolution proceeding. Legal separation is only available when both parties are willing, or at least when neither objects.
Terminating a Legal Separation
Arizona law allows couples to undo a legal separation if they reconcile. Both parties can sign a stipulation that terminates the decree and restores their married status. But the process comes with important details about property and obligations.
When the separation ends, the marital community re-forms as of the termination date. Property awarded as separate during the separation stays separate. Spousal maintenance and child support obligations from the separation decree no longer apply. Both parties must acknowledge that creditors who relied on the separation terms retain their rights.
For estate planning purposes, legal separation has significant implications. During a separation, beneficiary designations, trust provisions, and powers of attorney may all need to be reviewed. A legal separation does not automatically revoke a spouse's rights under existing estate documents in the way a divorce might. Working with partner attorneys to review your estate plan during a legal separation is a practical step many people overlook.
