Separated Spouses Mediation
In Massachusetts, we have an action for separate support, which is similar to what other jurisdictions may refer to as “legal separation.” A separate support filing results in Court orders for essentially the same issues as in a divorce, including financial support, parenting plan and other child-related matters, division of assets and liabilities, health insurance, etc., although the parties live separately and remain legally married. Some of the reasons participants choose to mediate their separate support actions include:
- Participants wish to memorialize and make enforceable their terms of separation while working towards reconciliation
- Participants may wish to stop living as a married couple but have religious or personal reasons for not wanting a legal divorce
- Participants tend to adhere to the terms of mediated agreements vs. litigated judgments
- Adherence to agreement terms minimizes or eliminates future litigation
- Participants can maintain amicable relationships with each other
- Participants can consolidate expenses by jointly hiring any needed professionals, such as appraisers, financial neutrals, or child development specialists
- Children avoid exposure to the conflict associated with litigation
- Participants have more flexibility in negotiating financial support, and asset valuation and division, than would be available through litigation
- Participants can establish a practical parenting plan that meets the children’s needs
