8 Reasons For Legal Separation
Many individuals believe that filing for legal separation is one step on the path to divorce, but these are actually two completely different legal processes. A divorce is to be filed when a marriage is “irretrievably broken, without the prospect of reconciliation.” Divorce will dissolve the marriage entirely, returning both former spouses to “single” status once again. Spouses will assert that they “desire to live separate and apart” in a legal separation. The couple will remain married, but the court will enter orders for the division of property and debts, family support, and custody arrangements.
Below is a list of the most common reasons why people choose legal separation over divorce.
8 Legal Separation Reasons
1. Kids: Many couples are concerned about how a divorce will affect children. Some couples may choose to legally separate until their children are fully grown. Once they are grown, a divorce will be filed.
2. Undecided: If the spouses are unsure about getting a divorce, a legal separation is seen as a good place to start down that path. Spouses can always reverse the separation if they choose to reconcile at some point. Since the marriage never technically ended, there is no need to get remarried. Legal separation offers a step between marriage and divorce when one or both spouses aren’t emotionally ready or prepared for a divorce.
3. Religion/Preference: Legal separation can be utilized by couples who do not wish to fully dissolve the marriage. Some couples may choose this route because they would rather live separately, while others could choose it because their religion does not allow divorce. According to McKinleyIrvin, one of the most popular reasons why a separation is chosen is “to avoid the stigma which may be attached to divorce, including feelings of shame, disgrace, or failure.“
4. Benefits: Divorce and legal separation can create financial boundaries and rules that both spouses will be required to follow. “If you get a legal separation, you are still entitled to certain benefits, such as Social Security and pensions that provide payments to surviving spouses”, says LegalZoom. Additionally, many employers will allow an employee to keep covering their legally separated spouse on medical insurance benefits. This opportunity would not be available for a couple that has divorced.
5. Necessary Division: Legal separation could be a good alternative for couples who desire a long separation before filing for divorce. During the separation period, the couple can resolve concerns with the marriage, such as the division of property. Opting for legal separation will prevent the couple’s debts and assets from getting increasingly entangled throughout the separation period. Keep in mind that the state of Arizona does not require a period of separation before filing for divorce unless the parties have entered into a covenant marriage arrangement.
6. Separate Property: Legal separation results in orders that divide any marital debts and assets among the spouses. In Arizona, for example, the accumulation of community property will terminate upon the service of a Petition for legal separation or divorce. Property or debts accumulated after service will be treated as separate property in this process, just like in a divorce. Legal separation is undoubtedly a viable option for couples who want to remain married but choose to safeguard themselves from accumulating the other’s personal debts or future business ventures.
7. Establish Rights: Some couples could choose to physically separate without filing any paperwork in court. This could be the case if the spouses can agree on the resolution of issues, including child support without the involvement of the legal system. Other couples aren’t able to create these agreements without the court’s help. According to Family Law, “Couples can reap the benefits of legal clarity similar to divorce orders. Property rights between the two parties are divvied up, as are child custody, child support and spousal support rights and obligations.”
8. Tax Purposes: Yes, there are certain tax benefits you can receive from staying married. “A legal separation also allows you and your spouse to continue filing taxes jointly, which can lead to some tax benefits”, says Protective. Check with a licensed tax professional to see if the provision can be applied to your situation.
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