Legal separation offers an alternative to divorce for couples who want to live apart but have reasons to stay legally married.
Unlike divorce, legal separation does not end the marriage. Instead, it establishes terms for child-related matters like custody and support and property division while the couple remains married.
Advantages to consider
A legal separation can offer couples wishing to live separate and apart without divorcing several advantages:
- Continued health insurance: Spouses can remain on each other’s health insurance plans, promoting continued coverage.
- Obeying religious beliefs: Some individuals choose legal separation over divorce due to religious beliefs or cultural values that discourage divorce.
- Financial rewards: Legal separation allows couples to maintain benefits such as tax advantages and Social Security benefits, which may be lost in divorce.
It also provides a period for couples to live apart and work on their issues with the possibility of reconciliation, if desired.
Be wary of possible drawbacks
Unfortunately, legal separation also comes with unique drawbacks that couples should carefully consider.
- Legal fees: The process involves legal fees and court procedures similar to divorce, which can be costly and time-consuming.
- Uncertainty: Legal separation may lead to an uncertain future, as it does not resolve the status of the marriage permanently.
- Limited legal rights: While legal separation addresses many issues, it may not provide the full legal resolution that divorce offers.
Additionally, the process of legal separation can still be emotionally draining, similar to divorce, as it involves addressing significant marital issues.
While legal separation can be advantageous, it requires the same serious approach as divorce. Learning about California divorce and separation laws from a reliable source can help guide your decisions.
