Legal Separation vs. Divorce… What’s my Best Option?
Deciding to get divorced or separated is a huge decision. Going into this decision fully informed of your options is important.
What’s the Difference?
A divorce will legally terminate a marriage while a legal separation does not. A divorce and a legal separation will afford you the same relief. That means assets and debts will still be divided, spousal support and child support will be decided, and child custody will be decided.
So why choose Legal Separation?
Reconciliation – One of the main reasons a couple may opt for a legal separation is they believe they may be able to reconcile in the future. A legal separation can always be converted into a decree of dissolution aka a divorce if you determine reconciliation is not possible. However, if you get divorced and you then reconcile, you will have to decide if you wanted to get remarried again.
Health Insurance – Some couples may also opt for legal separation because they are able to stay on their ex-partners health insurance. Today, health insurance can be a valuable asset, so not legally terminating your marriage to remain covered may be a good option. However, you must be aware, as some policies now do not let partners who are legally separated remain on their insurance.
Tax benefits – Some couples may choose to legally separate because you can still file taxes jointly. If this has a significant benefit for both parties in the relationship this may be a reason for legal separation over divorce.
Religion – Some couples may not be able to complete a legal divorce because of the beliefs of their faith. Getting legally separated may be a good alternative.
Does Moving out of the Family Home Make Me Legally Separated?
No. Moving out of the family home just means that you are informally separated. To be legally separated you must also file paperwork with the court.
Do I Even Need an Attorney to get Legally Separated?
While some people may frame a legal separation as less drastic than divorce, determining property division, and things such as child support and custody is better done with an experienced family law attorney on your side. While a legal separation may be more temporary, you still want to have a fierce advocate on your side who will help negotiate for better terms for you.
To learn more about Legal Separation vs. Divorce, please contact Beresford Booth at info@beresfordlaw.com or by phone at (425) 776-4100.