Why You Should Consider Legal Separation

It is never easy or simple making the decision to end a marriage.  You and your spouse may have spent years or even decades together, building and planning for your future.  The disintegration of your relationship is emotionally challenging, to say the least, and it is difficult to face the many decisions that need to be made at such a time.  These decisions include how to divide your assets, where your children will live, and whether you need to start a new career, just to name a few.  One thing you should consider when facing starting a new chapter in your life is whether legal separation may be an option for you.

Legal separation is not the same as divorce, as in a legal separation, you will remain married.  Legal separation is the process by which you can have your assets and debts separated, enter a custody and parenting time order, and get an order for spousal maintenance or child support, all while remaining married.  In these respects, a legal separation feels a lot like a divorce.  You do not have to get a legal separation before you get a divorce, but it can make the process easier if you decide that you do not want to reconcile with your husband.  The reason for this is one of the ways to obtain a divorce is to demonstrate to the court that you have been separated from your spouse for at least one hundred and eighty days.

Many people also consider legal separation for health insurance reasons.  After you divorce, you cannot keep your former spouse covered on your health insurance policy.  Your spouse will have the option to purchase COBRA coverage for six months following the end of the marriage, but COBRA coverage is often prohibitively expensive.  To that end, some people elect to remain married so that they can both remain covered under one spouse’s health insurance policy.

People may also elect to choose legal separation for religious reasons.  As mentioned earlier, a legal separation provides many of the same relief options as divorce, while allowing you to remain married.  Accordingly, if your religion disfavors divorce, a legal separation may provide you with a solution.

Every relationship and end of relationship is unique.  We have experience helping our clients with making the right decision for them.  Call us today at 651-413-9568 let us help you.