What exactly is "separation"?

[cedartree]

If my h moves out, am I legally considered separated? If I want to apply for FS, do I need to contact a lawyer first and become legally separated? Will they go after his money for child support or something before they give me anything?

I'm so clueless! Help!

[single_cj]

Some states recognize "legal" separation, some don't. I know where we are doesn't really recognize it as legal - we can file the paperwork ourselves based on an agreement between us, but they may not enforce it.

As for him just leaving, no, I don't think that makes you legally separated. I've been away from home for 6+ months & we're not. *bleh*

You can look online for forms to download for separation; that's what I'm doing for the interim.

Best wishes!!

[vannienicole]

In my state, we both moved into new homes and that was our date of separation (upkeep of our own places). BUT we didn't own a home. Benefits here only counts the people living with you and the money your ex gives you on top of your pay as income.

[abomgardner417]

In my state you have to file through the courts for legal separation. But as far as food stamps, the county only counts the adults living in your household that bring in an income, so you only report your income if any, and any support he is paying to you. I was told that they would go after him if he was not paying child support but they never did. They're so overwhelmed with extra cases because of the economy that they just don't have the time. If he's not paying support, you may be able to go to the child support enforcement agency and fill out and application to have them start going after him. Good luck!