Terminating your marriage is an extremely personal undertaking. The things that worked for your friends when they separated might not be the best way for your family. A lot of states acknowledge this and provide different options from separation to annulment to complete a divorce. If you choose a legal separation, there may be a couple of advantages and disadvantages.
Legal Separation Advantages
In a lot of ways, getting a legal separation is a lot like getting divorced. Why would someone endure the separation process rather than getting divorced? Some advantages of legal separation comprise of:
- Allowed to keep your marital standing for religious reasons.
- Permitting couples a little time to live separately and determine if divorce is really what they desire. Comparable to a casual trial separation, a separation agreement states how things will be managed while the couple is away from each other.
- Allowed to maintain insurance benefits on your spouse’s insurance. If you’re thinking of getting a separation to keep coverage, make sure to check the policy and determine if it addresses what occurs if a couple gets legally separated.
- Keeping specific military benefits.
- Continuously staying married in order to fulfill the required 10-years to qualify for specific social security benefits of a partner.
- Safeguarding your financial assets while you’re away from each other, as debts and assets accrued throughout a legally accepted separation could be regarded as separate property. This is important in states that have a requirement of a period of separation prior to a divorce being granted.
- Possible tax benefits by continuously filing taxes together.
- When the couple does choose to get a divorce and is the best decision, a separation agreement may be modified into a divorce agreement.
- A legal separation can safeguard you prior to getting divorced and may also set priority for the divorce itself. If your case turned out going to court, a judge would presume that if you were okay with the provisions in the separation agreement, there is no need to make any changes concerning the divorce.
Legal Separation Disadvantages
Due to the nature of legal separations, here are some of its disadvantages. The seven main disadvantages of legal separation comprise of:
- Legal separation can be complicated as a divorce
- Legal separation causes as much stress as a divorce
- Legal separation can be unneeded for your relationship
- Not available in every state
- 2 Lawsuits
- You’re still married
- Inheritance rights
- “Legal Separation – What Are the Benefits?” WomansDivorce.com, www.womansdivorce.com/legal-separation.html.
- “Advantages and Disadvantages of Legal Separation – Albuquerque Divorce Attorney.” Albuquerque Personal Injury Attorneys, www.collinsattorneys.com/advantages-and-disadvantages-of-legal-separation.html.
- Bird, Beverly. “The Disadvantages of a Legal Separation.” LegalZoom Legal Info, 21 Nov. 2017, info.legalzoom.com/disadvantages-legal-separation-27323.html.
- DavisMr, Greg. “Legal Separation vs Divorce in Arizona: Which Is Better?” Best Legal Choices, 7 Nov. 2019, bestlegalchoices.com/legal-separation-vs-divorce-arizona/.
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