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How Does Legal Separation Work In Wisconsin?

Legal separation in Wisconsin is a separate legal procedure used when people wish to have legal protection, but wish to remain married. It involves a court order declaring that all the issues concerning the marriage have been resolved (child custody, child visitation, child support, spousal support, distribution of property and attorney fees) with the exception of marital status. Spouses who are separated are not free to remarry since neither has been returned to the legal status of an unmarried (single) person.

Legal separation historically was often pursued rather than divorce for religious reasons. The other primary reason for pursuing a legal separation is because a party’s employer may continue health insurance benefits for the other party if they remain married. This is a rare exception as the vast majority of employers treat a legal separation as a divorce when it comes to health insurance.

Is Legal Separation Right For You?

If you would like to pursue a legal separation, our attorneys can help you through the process. We are also happy to discuss whether it is the right choice for you. Contact our lawyers today to discuss your case. Call Benske Family Law, in Milwaukee at 414-939-0468 to schedule a free consultation.