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Is There a Benefit of Choosing Legal Separation Over Divorce?

Blogs from November, 2019


The end of a marriage can be painful. If the relationship has hit that point, it might be time to consider what options there are moving forward. In some cases, the best scenario for everyone is to get divorced. However, some couples are not quite ready to call it quits on their marriage. In this instance, a legal separation might be better.

Benefits of Being Legally Separated

Being legally separated means a couple is still married, but no longer live together. Some couples might choose legal separation because of religious or moral reasons or because they do not agree to the terms of their divorce.

However, there are other reasons to be legally separated. Married couples can enjoy certain benefits, even if they no longer wish to be together anymore. A few of these benefits include:

  • Tax Advantages: While legally separated, taxes are still filed jointly. For some couples, they may not want to be together anymore but would like to continue enjoying the benefits of filing a joint tax return.

  • Health Insurance: Coverage continues under a spouse's plan during a legal separation. It does not do so once the couple is divorced. This can potentially mean hundreds or even thousands of dollars in savings.

  • Time: A significant benefit of being legally separated is that it gives couples more time. Severing ties to someone can be painful, complicated, and expensive. That time can allow a couple to consider what they wish to do going forward before taking an irrevocable step - that of divorce.

Couples who legally separate will still need to sort out matters that would be settled in divorce, like child custody and visitation, child support, spousal support, and property division. However, during a legal separation, there is still the opportunity to work on the issues that led to the breakdown in the relationship. The physical and emotional space that a legal separation creates can allow for one to really reflect on if the relationship is truly over and, if so, what the future should look like. Matters such as child custody can be negotiated and tested out to see what works best, for instance.

The Next Step

The end of a relationship is never easy, especially a marriage. However, a legal separation can be beneficial in giving a foundation for the next steps moving forward. If you would like to know more about what options you have regardless of whether you want to legally separate from your spouse or if you want a divorce, the Law Offices of Christopher L. Hoglin, P.C. is here. Our Pasadena divorce lawyers will ensure your best interests are protected no matter what you decide.

Call the Law Offices of Christopher L. Hoglin anytime at (626) 653-4075 if you would like to speak to an attorney about your divorce options.


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