While no one ever dreams their marriage may come to an end, the fact of
the matter is it happens, every day. And while you may have thought long
and hard about this decision, you may want to consider legal separation
before you enter into the final stages of divorce. Here, our experienced
divorce lawyer provides some advantages legal separation has over divorce.
Advantages of Legal Separation
There are a few advantages legal separation has over divorce, including
the ability to stay married yet live apart. Legal agreements would dictate
the marital property and asset division, along with child custody, visitation
and child support. These agreements are recognized by law even if the
marriage is not terminated.
Dividing Rights and Responsibilities
There are many reasons why a couple may choose to stay married, yet legally
separate. These reasons range from a trial separation to staying legally
married for health and retirement benefit reasons. Many people remain
married for benefits alone because most plans state that if the parties
were to divorce, the dependent spouse would completely lose those benefits
or health coverage.
Additionally, military couples are allocated some benefits if they remain
married for at least 10 years. There are some Social Security benefits
for couples who remain married for ten years as well.
Some couples may find certain tax benefits when filing joint tax returns.
Lastly, some couples may choose to remain married because of their faith
or for religious reasons.
If you are contemplating divorce and want more information on a legal separation,
contact us. We will sit down with you to review your own personal circumstances to
determine what your next steps should be.