# When Can a Trial Separation Be a Good Idea? **Table of Contents***[*SHOW*]* 1. What is a Trial Separation? 2. How Trial Separations Differ From Legal Separations 3. Purpose of Trial Separations 4. Making a Trial Separation Agreement 5. Potential Benefits of a Trial Separation 6. Trial Separation FAQs 7. Contact a Divorce Attorney from Brown Family Law A trial separation can be a good idea, but it depends heavily on the spouses’ goals. Trial separations can give couples breathing space if they eventually want to rekindle the marriage. But it can also serve as a preview of living apart before filing for legal separation or divorce. Decisions like a trial separation can be an important crossroads in a marriage. If you have questions about trial separations, legal separation, or divorce, you can talk to a [divorce lawyer in Salt Lake City](https://www.brownfamilylaw.com/salt-lake-city-ut/divorce-lawyer/) at Brown Family Law. ## What is a Trial Separation? A trial separation is when spouses agree to live separately. Unlike a legal separation, trial separations are not legal agreements and don’t have binding terms. Trial separations don’t alter the legal status of your marriage and don’t create new financial obligations that are enforceable by a court. But trial separations can still make a legal difference if the couple eventually ends up making the separation or divorce legal. For example, if the couple eventually gets divorced, the courts may use the trial separation date as a cutoff for purposes of classifying or valuing marital assets. The nature and reason for the separation can also influence final court divorce orders. Get Clear Guidance for Your Divorce [Schedule a Consultation](https://www.brownfamilylaw.com/contact-us/) ## How Trial Separations Differ From Legal Separations Trial separations are informal and private agreements that don’t involve a family court. Spouses agree, either orally or in writing, to take time apart and live separately. There are no binding orders on things like child custody, property division, or child/spousal support. Legal separation, on the other hand, comes with formal agreements on property division and child custody/support. Spouses are still legally married during a legal separation, but a judge can issue orders as they would during a divorce. Since trial separation agreements are informal, there are no legal restrictions on making one. However, there may be restrictions on a legal separation. For example, in Utah, legal separations (called [separate maintenance](https://www.utcourts.gov/en/self-help/case-categories/family/divorce/separate-maintenance.html) under the law) require providing legal grounds, like desertion, abandonment, or living apart. A Calmer, Clearer Way Through Divorce [Talk to Our Team](https://www.brownfamilylaw.com/contact-us/) ## Purpose of Trial Separations Trial separations can serve several different purposes. The team at Brown Family Law can discuss your options to help you decide whether to pursue a trial separation. ### Reconciliation Many couples do a trial separation with the intent of eventually pursuing reconciliation. The logic is that living separately for a time will give each spouse time to reflect at a distance and heal marital problems. ### Trial Run Living Separately If couples are thinking about divorce, a trial separation can introduce them and their children to living apart before taking legal steps to dissolve the marriage. Spouses might do a trial separation to see how potential custody arrangements might work before making a legal decision. ### Reduce Conflict Trial separations can also give couples space to reduce conflict and tension. Physical separation can give both parties time to think in a level-headed environment and reduce stress. Couples can use this time of lessened anger to decide if they want to reconcile or end the marriage. ![Brown Law Logo](https://www.brownfamilylaw.com/wp-content/themes/brown-family-law/assets/app/img/logo-white.png) Support Through Your Toughest Transition [Call ![call-arrow](https://www.brownfamilylaw.com/wp-content/themes/brown-family-law/assets/app/svg/cta-call.svg)801-685-9999](tel:+18016859999) ## Making a Trial Separation Agreement Trial separations are not legally binding agreements, but that doesn’t mean they shouldn’t have some kind of structure. One benefit of having a written trial separation agreement is that it can serve as evidence for when you and your spouse started living separately. Below are some key details that Brown Family Law recommends your trial separation agreement should cover: - The date the separation began - A potential end date if you are seeking reconciliation - How rent, mortgage, and utility payments will be split during separation - Who gets access to bank accounts, credit cards, etc. - Where children will live and parenting schedules - Who will stay in the marital home and who will live elsewhere - Whether spouses will attend counseling, either separately or together ## Potential Benefits of a Trial Separation Whether or not a trial separation is a “good idea” depends heavily on the specific couple. Below are some possible benefits of engaging in a trial separation: - You and your spouse will have more time to work through marital issues. - Less conflict and stress can prevent you from making premature divorce decisions. - Both parties can see what living apart during a divorce would be like. - Couples can reduce hostility and approach important decisions more calmly and constructively. A trial separation could be a necessary step in making family decisions, a step that [Brown Family Law](https://www.brownfamilylaw.com/about-us/) can help you make. ## Trial Separation FAQs Below are some common questions that Brown Family Law receives about trial separations. ### What is a Trial Separation? A trial separation is an informal agreement where two spouses agree to live separately without getting divorced. ### What is the Difference Between a Trial Separation and a Legal Separation? A trial separation agreement is informal and not legally binding. Separate maintenance (legal separation), on the other hand, is a legally binding contract with enforceable provisions regarding property division, child custody, etc. ### Is a Trial Separation a Good Idea for Me? A trial separation can be a good idea if you and your spouse need to take time apart to heal and reconcile marital differences. It can also be beneficial if both parties want a trial run of living separately before legally ending the marriage. ## Contact a Divorce Attorney from Brown Family Law Do you have more questions about trial separations, legal separation, or divorce issues? If so, contact the team at Brown Family Law. We can answer your questions and help you determine whether a trial separation may be a good idea in your situation. Call us today to schedule a case consultation with a Salt Lake City family lawyer. --- Source: https://www.brownfamilylaw.com/faqs/is-a-trial-separation-ever-a-good-idea/