Jack and Diane were going through a difficult time during their marriage and thought it would be best if they separated, but they didn’t want to go the route of a traditional divorce. They wanted to be able to maintain the status of their marriage and retain their benefits. They were able to do this through a separation agreement, whereas, a traditional divorce would cause them to lose the status and benefits of their marriage. If you are in a similar situation, you may consider taking the same action as Jack and Diane.
The benefits of a legal separation:
- Satisfies divorce prerequisites – Depending on the state in which you live you may be required to remain separated for a year before you are allowed to divorce. In a state where you are required to live apart, a legal separation provides the needed evidence that proves the legal requirement has been met. Without a legal separation document, spouses opposed to a divorce could argue that there were on-going sexual relations between the spouses or that there was a short-term cohabitation in the same residence during the required time nullified the separation time. A legal separation prevents such arguments from being presented.
- Retaining certain marital benefits – A legal separation allows the couple to retain certain marital benefits that they had during their marriage. If you are someone who is covered by their spouse’s health insurance plan, it can be written into the legal separation agreement that those benefits continue during the period of the separation.
- Protects you from debts – One of the most important benefits of a legal separation is that it will protect you from being held responsible for any debts your spouse acquires during the period of separation if you live in an equitable distribution state.
- Gives you time to work things out - For some couples, divorce is the only option while others can work out their differences. The process of separation can be productive in order to give you some time to process and think through the aspects of your relationship. Temporary separation is always better than making a rash decision or divorce that you may later regret.
Contact A Legal Representative
If you have further questions about a legal separation or are in need of legal advice or representation please call (315)488-5544 or contact Bombardo Law Office, P.C.