Is Legal Separation Better Than Divorce?

Is Legal Separation Better Than Divorce?

Aug 04

There comes a point in the lives of married couples when they decide that they are better off living separate lives. Separation is an alternative that couples can consider instead of divorce. Although both separation and divorce will have the married couple living independently, there is also a big difference between the two. The former keeps the couple married despite not living together while the latter formally ends the marriage meaning they can remarry if they choose to.

While there are couples who opt for divorce, the website of Marshall & Taylor PLLC revealed that legal separation is a more attractive option than divorce. Staying married than completely divorced is the better choice due to financial reasons. First and foremost, by choosing to stay married, the couple retains any insurance or health coverage that they maintained as a married couple. This can come in handy if one of them experiences difficulty in securing insurance or health care policy. In fact, such coverage is also included in a separation agreement.
For marriages that are 10 years or longer, an ex-spouse may become eligible to receive a share of their ex-spouses social security benefits. Some couples even forego their separation plans for a year or more in order to reach that 10-year threshold or they come up with special arrangements regarding the pension.

Selling a property or getting a mortgage may not be in one of the couple’s plans as it may become a financial burden to the one who applied for the mortgage. They may also have the option to wait for another opportunity to get a better price. The couple may even opt to live together on the property to prevent financial losses related to that property. Another financial benefit of staying together is the opportunity to get possible increases in deductions and other income tax benefits.

Sometimes the reason couples stay separated has to do with social considerations. For couples with children, it will not be too confusing for their kids. Aside from that, they do not see any real benefit to getting a divorce especially if they do not expect to remarry.