Why would someone get a legal separation instead of a divorce?

People choose legal separation as an alternative to divorce for a variety of reasons, such as: religious beliefs. a desire to keep the family together legally for the sake of children. the need for one spouse to keep the health insurance benefits that you lose with a divorce, or.

What are the benefits of filing a legal separation?

Some of the advantages of legally separating include:

• Being able to retain your marital status for religious reasons.
• Allowing a couple some time to live apart and see if divorce is actually what they want.
• Being able to continue insurance benefits on your spouse’s coverage.
• Retaining certain military benefits.

What are the disadvantages of a legal separation?

Disadvantages of Legal Separation Legal separation typically does not entitle you to your spouse’s assets, whereas a divorce would force a division of current assets. Can’t Remarry: You may heal and be ready for a future relationship given enough time. A legally separated person cannot marry a new person in the U.S.

Will legal separation protect me financially?

Legal separation can protect you from the debts of your spouse effective the day you file for legal separation. Once you file, you are no longer liable for any new debts your spouse takes on.

How long does a legal separation last?

A separation agreement will often be put in place for a period of two years to allow a couple to divorce on the basis of two years’ separation by consent at the end of the time period, but it can last for as long as the couple wish to remain separated but not divorced.

Are legally separated couples still married?

In a legal separation, the marriage remains legally intact, whereas in a divorce or dissolution, the marriage is ended. However, the issues addressed by the court in a final order or agreement of legal separation are the same matters dealt with in a divorce or dissolution.

Why would you get a legal separation instead of a divorce?

Here are reasons why to chose legal separation instead of divorce: The need to remain married in order to meet the 10-year requirement for social security benefits. The decision to legally separate generally means there is a strong desire to provide financial support to the spouse.

What is the difference between a legal separation and a divorce?

6 Key Differences Between Separation and Divorce Marital status. The biggest difference between separation and divorce is if you opt for separation rather than for divorce, your marital status stays as married. Making decisions for one another. Spouses are next of kin, i.e. Benefits such as healthcare. Property rights. Debts and liabilities. A chance of reconciliation.

How long is separation before a divorce?

In some states, divorcing couples must complete a period of separation before their marriage can be finalized. The length of this period of separation is prescribed by state law and may vary from 30 days to six months, or even a year, depending upon the state in which you are getting divorced and the circumstance of your divorce.

Is it better to be separated or divorced?

Here are some situations where separation is better than divorce: A spouse can retain the benefits of the couple’s health care plan, especially if it is under the name of the other party. Getting divorced usually terminates this coverage (depends on the terms of the divorce settlement).