Many couples decide to separate before seeking a divorce. They live in separate places, limit contact with one another, and go about their lives apart from their partners. The separation may be done for a number of reasons, but the most common one is to use the time as a trial. The couple lives apart to decide whether getting a divorce is the right option for them. After the trial period ends, they either decide to reconcile their differences or to officially end their marriage.
Increasingly, many couples are separating for long periods with no intention of ending their marriages. They might remain in this state for several years. To a casual observer, this situation may seem odd. To the separated couple, it might make perfect sense given their circumstances. In this article, we’ll take a closer look at the pros and cons of legally separating versus getting a divorce.
Trial Separation Versus Legal Separation
Before we compare separation and divorce, it’s important to understand the difference between living apart from your spouse and making your separation legal. A trial separation is one in which the spouses lives apart from one another. No documents are filed with the courts. Nor is there a written agreement between them. Their status as a separated couple may be unknown to everyone but themselves.
There is substantial risk for spouses living in this circumstance. Although they are living in different places, they remain married. Hence, they are still responsible for the debts incurred by each partner. That means creditors can seek redress from one party for the debts incurred by the other.
A legal separation is one in which the couple asks the court to recognize their separated status. A formal agreement is written and the appropriate documents are submitted to the courts. The couple’s assets are divided; child custody matters are resolved; and alimony and child support terms are noted in the agreement. Importantly, both spouses are no longer liable for debts incurred by the either party from that point forward.
This type of separation is usually a prelude to a divorce. As such, the separation agreement is often used as a model for the divorce settlement. Spouses seeking a legal separation should thus be satisfied with the terms of their agreement.
When Does A Legal Separation Make Sense?
A legal separation may be a good option – even if only a temporary one – for a number of reasons. For example, many people subscribe to religions in which divorce is strongly discouraged. Legally separating would allow them to remain married without living together.
Other couples may want to continue filing their federal income taxes jointly. Doing so affords higher deductions and higher income limits for tax rate increases. Having said that, the tax code is very complicated, and couples should speak with a tax advisor to avoid making costly mistakes.
Another reason many people prefer to separate rather than divorce is so that one spouse can qualify for social security benefits based on the other spouse’s work history. Couples must be married for at least ten years in order to take advantage of such benefits. Some spouses separate until the 10-year mark has passed, and then officially dissolve their marriage.
Some couples legally separate in order for one spouse to continue enjoying health insurance benefits based on the other spouse’s health plan. Otherwise, the coverage would end when the marriage is dissolved. It’s important to realize that health insurance plans vary. Not all of them cover spouses that are legally separated from the primary policyholders.
When Is Divorce A More Suitable Option For A Couple?
The situations described above represent only a small percentage of couples. Most people who realize their marriages are doomed prefer to seek a divorce. Doing so allows them to protect themselves from debts their spouses incur after the marriage is dissolved. It also allows them to remarry if they choose to do so. Because legal separation does not officially dissolve a marriage, separated spouses cannot legally marry others.
If you are thinking about getting a divorce and are considering whether a legal separation is a better choice, speak with a qualified divorce attorney about your options. He or she can help you to determine which path is most appropriate given your circumstances.