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.