If you file for legal seaperation and not a divorce can your husband see another women with no ramifications?

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If you file for legal seaperation and not a divorce can your husband see another women with no ramifications?

Asked on May 30, 2012 under Family Law, South Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your state recognizes legal separation then that would be a date certain that a court would consider the marriage "broken" so to speak, and that you and your husband could be considered separate entities rather than a single entity.  That would be true for assets acquired aftter the separation and that he would not be considered an adulterer under the law.  If your state allows the court to consider adultery or any fault ground as part of a settlement - and most do not - then he is probably in the clear. Good luck.


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