(A) contracts. When the husband and wife agree to live apart they are said to have made a separation. 2. Contracts of this kind are generally made by the husband for himself and by the wife with trustees. This contract does not affect the marriage, and the parties may, at any time agree to live together as husband and wife. The husband who has agreed to a total separation cannot bring an action for criminal conversation with the wife. Public policy forbids that parties should be permitted to make agreements for themselves to hold good whenever they choose to live separate. (B) When spouses agree to separate and live apart (in separate dwellings) even though they are still legally married and the court rules on the division of property including alimony or child support.
Law Dictionary – Alternative Legal Definition
In matrimonial law. A cessation of cohabitation of husband and wife by mutual agreement, or, in the case of “judicial separation,” under the decree of a court. See Butler v. Washington, 45 La. Ann. 279, 12 South. 356, 19 L. R. A. 814; Weld v. Weld, 27 Minn. 330, 7 N. W. 267; Hereford v. People, 197 111. 222, 64 N. E. 310. Separation a mensa et thoro. A partial dissolution of the marriage relation. Separation order. In England, where a husband is convicted of an aggravated assault upon his wife, the court or magistrate may order that the wife shall be no longer bound to cohabit with him. Such an order has the same effect as a judicial decree of separation on the ground of cruelty. It may also provide for the payment of a weekly sum by the husband to the wife and for the custody of the children. Sweet.