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Benefits of Legal Separation

Posted on in Divorce

b2ap3_thumbnail_shutterstock_605213087.jpgGoing through a divorce is arguably one of the most financially and emotionally difficult experiences in a person’s life. After much time put into the relationship, only to see it fall through the cracks, each spouse may feel as if they have failed. Even in incidents where each spouse is legally separated, there are still major life changes that they have to face. However, there may be some benefits to legal separation before a divorce is finalized.

What is Legal Separation?

If a married couple is legally separated, their marriage is still legally bound, but they tend to part ways on an emotional level. When each spouse is legally separated, they are not actually divorced, so they are not allowed to marry anyone else until a divorce has been finalized.

Why can Legal Separation be More Beneficial than Divorce?

  • If each spouse is legally separated, they do not actually have to file for divorce, but the majority of couples who are legally separated have finalized a divorce within three years. There may be financial benefits for married couples to stay legally separated.
  • For instance, staying legally separated can allow both spouses to be covered under the same health insurance plan. If one spouse relies heavily on the other spouse for health insurance, then staying legally separated may be the best option.
  • Also, legally separated couples can benefit from income tax advantages only available to married individuals. They may also qualify for insurance discounts and other discounts as they are still considered to be married.
  • Legally separated couples on amicable terms may decide not to divorce to give the other spouse the incentive to reach the ten-year threshold for social security and pension benefits.
  • Another reason to stay legally separated is for many married couples to avoid incurring a loss because of selling the home and also to avoid burdening either or both spouses with problems regarding the mortgage.

Contact a San Jose Legal Separation Lawyer

Although there are benefits to legal separation, the process often proves itself difficult to navigate. If you or a loved one is going through legal separation and may file for divorce, you can count on Dominion Law Group, LLP for effective legal representation. For over 28 years our experienced Santa Clara County divorce attorneys have represented clients in legal separation matters, so you are guaranteed quality client experience. For a free initial consultation, please give us a call at 408-288-5592 to get the help you deserve.

 

Source:

https://www.marriage.com/advice/legal-separation/how-long-can-you-be-legally-separated/

https://www.forbes.com/sites/jefflanders/2012/01/10/legal-separation-or-divorce-which-is-better-financially/#37835c505ccf

 

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