What is separate maintenance?

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Separate maintenance refers to a legal arrangement in which a married couple lives separately while remaining legally married. This legal separation allows individuals to establish their own living situations and, often, financial arrangements while not officially dissolving the marriage through divorce. One common aspect of separate maintenance is that it can involve court orders concerning financial support, such as maintenance or alimony, similar to what might be found in divorce proceedings.

This concept is distinct from a joint custody agreement, which pertains specifically to the custody arrangements of children following a separation or divorce. It also differs from tax exemptions for married couples and financial aid for dependent children, as those pertain to financial arrangements and benefits rather than the legal status of a marriage. Thus, the focus on legal separation without an actual divorce accurately captures the concept of separate maintenance.

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