The age of Legal Separation
You might have come across couples who don’t wish to hire a divorce lawyer and prefer living separately. These couples choose trial separation over conventional divorce formalities. They don’t engage in legal procedures or even think about pursuing a formal case. Unfortunately, many couples have chosen to stay separated, rather than a firm divorce (even when they are aware of the fact that their marriage is broken beyond repair). So, why do couples make this choice? Why do they want to stay away from their partner and yet be married? Are there benefits in choosing separation over divorce? Well, in many scenarios, it boils down to hard-core cash! Experts claim that legal separation is a good financial decision over divorce.
Before you understand these financial benefits, you must know what differentiates legal separation from divorce.
Living Apart for a Greater Period
Couples who live apart beyond a sensible amount of time can request for a legal separation agreement. As suggested by its name, this is an agreement that binds the couples and resolves issues like the division of child support, debt, visitation, alimony and assets. Though legal separation comes with notable benefits, living apart without any formal agreements can put you at a very big risk. Even when you separate, you might be liable for your partner’s legal issues and debts. If you wish to protect yourself from unexpected risks, you should have everything settled and neatly documented. After all, your cooperation and communication with your estranged partner may not exist anymore. This is when actual problems arise.
Divorce laws differ from one region to another. Likewise, legal separation formalities vary across states. By default, every state should fall under the following categories:
- States that need legal separation for a divorce to be filed
- States that recognize legal separation but don’t require it
- States that don’t recognize or need legal separation
The Benefits of legal separation
If you are considering legal separation, here are few reasons why it is better than a divorce:
- You will be able to meet the 10-year requirement for sound social security advantages. If your marriage is more than 10 years you will receive social benefits that differ depending on the age. Hire the best divorce attorney fairfax for this purpose.
- You will be able to make use of your partner’s health insurance schemes. Once a couple is divorced, employer health plans cannot be used by the ex-spouse. However, legal separation doesn’t come with such clauses.