Benefits of Filing a Legal Separation
Legal separation is preferable to divorce when you aren’t 100% sure that you are ready to end your marriage. Approximately 13% of couples who legally separate end up reconciling.Those couples don’t have to go through the process of remarrying because they chose legal separation over divorce.
Some married couples no longer work as a couple but don’t want to divorce for religious, cultural, or other personal reasons. When spouses separate instead of divorce, they may continue to provide insurance coverage for each other and receive social security benefits. Separated spouses may also choose to file taxes jointly or separately, depending on which is more beneficial for their situation.
What are the Benefits of Filing Divorce?
One of the benefits of proceeding with divorce without first using a legal separation is that you will save money on legal fees. Using legal separation before a divorce means paying additional attorney’s fees, filing fees, and any other expenses associated with a separation.
Examples of Times when Divorce is Better than Legal Separation
• One spouse has a serious medical condition and health insurance is inaccessible for that spouse on their own. The couple wants to break up but the spouse who pays for insurance doesn’t want their spouse’s health to suffer as a result of a divorce. The couple should consider legal separation to maintain health insurance coverage.
• The couple has been living separately for years without ever filing anything to end their marriage with the courts. One or both spouses have met a new partner and would like to remarry. The couple should divorce, as remarriage isn’t allowed with a legal separation.
• One spouse struggles with an addiction that can incur debt, like gambling or shopping.
• The other spouse may still love them, but not want to be liable for any additional debts their spouse may incur while they seek treatment for their problem. The couple should consider legal separation so that the community property obligation will end, and the couple can resume their marriage once the addicted spouse has conquered their problem.