Divorce is a big step that solidifies the end of a relationship, and if you aren’t 100% certain it’s right for you, it’s worth exploring other options before going through with the process.
One such option is legal separation, which allows for a sort of “trial divorce” before anything is set in stone.
Let’s start by defining legal separation. Legal separation is nearly identical to divorce; however the marriage will not be completely dissolved until you decide divorce is right for you.
At our practice, we have years of experience helping individuals and couples just like yourself decide which option is best for them, and then can work with you to create a custom agreement that fits both spouses needs. Below, find some of the pros and cons of choosing legal separation over divorce.
The Pros
- It’s no secret that married couples receive federal tax breaks—with a legal separation, since you aren’t divorced, you’d continue to benefit from them.
- It’s possible you could reconcile your marriage. This is something you want to figure out before going through with a divorce!
- For religious reasons, some people choose legal separation instead of divorce.
- You’re simply not ready to finalize a divorce agreement. Maybe you need more time to think it over or get your ducks in a row. Whatever the case, legal separation affords you both this time to do so.
- Legal separation agreements can contain child support, custody arrangements, spousal support and property division just like a divorce.
- You or your spouse can remain on one another’s health insurance plan.
The Cons
- If you’re in a legal separation with your current spouse, you won’t be able to remarry until you are officially divorced.
- In terms of financial responsibility, you’ll still be tied to one another. If you’d like to cut financial ties, legal separation is not the best option.
- You’re certain you want a divorce. Starting with a legal separation will only make the process longer and more stressful.
What is Best For You?
Still not certain which option is best for you and your family? Our team would love to help you figure it out and is happy to offer you a free phone consultation to learn more about your case. To get started, please contact us for your no obligation consult.
We can’t wait to help you restore peace and happiness to your life.