What are the advantages of separation instead of divorce?

One of the primary concerns when a couple calls it quits is determining how it will impact their financial situation. Many individuals are dependent upon their spouse for healthcare coverage. Once a divorce has been granted, they will no longer be entitled to use these benefits. Deciding to end a marriage, regardless of how long the two parties have been together is often a difficult and painful time. If they are not sure about ending their marriage, the advantages of separation allow the couple time to seek counseling.

Choosing a Legal Separation Over Divorce

There are a number of advantages of separation rather than the finality of divorce. Each spouse may be struggling with different emotional issues that they need to get resolved. Couples should consider getting legally separated if any of the following circumstances exist:

• The couple needs to take the pressure off the relationship and needs time to decide if they really want to stay married. Sometimes people need to be away from their partner to find out how much they really miss him or her.

• A life-altering event has occurred, such as the death of a child, and they need to work through these issues.

• One spouse discovered the other one has been cheating and they want to undergo counseling to work through their problems.

• Either party is opposed to divorce on religious or moral grounds

• They will lose Social Security benefits that are only available to couples that have been married for at least ten years or not be entitled to medical benefits.

A legal separation requires the couple to file papers requesting that the family court officially recognize the separation.

Legal Help to Work Out a Settlement

It may be necessary to get legal advice from a divorce attorney to determine what options you have. Once a legal separation has been filed, a judge can easily convert this to a divorce and you may end up with unfavorable terms. Contact an attorney for assistance to ensure that your settlement is fair before signing any binding legal documents.