Separation or Divorce. Which is Best?

Deciding on whether to get a divorce or a legal separation can often be an emotional decision and knowing the difference and advantages of the two will help you make your decision.

Unlike divorce, a legal separation does not put an end to the marriage. You remain legally married while choosing to live separate lives. A court order is in in place during a legal separation and it outlines the rights and responsibilities of each spouse while they are living apart. This separation agreement includes many if not all the same issues addressed in a divorce. These issues include, division of assets and debts, child custody and child support, visitation schedules, and spousal support. After a legal separation you decide to divorce the legal separation agreement usually just carries over to the legal divorce agreement.

Advantages of a legal separation over a divorce:

Time apart from your spouse to decide if a divorce is truly what you want
Retention of medical benefits and other like benefits that divorce would bring to an end
If you are a military spouse, in order to take advantage of the Uniformed Services Former Spouse Act you must be married for 10 years
Social Security benefits if married for 10 years or more
If divorce is the decision you come to the legal separation agreement can be converted into a divorce settlement agreement
You are able to live separately and retain your marital status for religious beliefs

Financial benefits of a legal separation:

Tax deduction for spousal support as long as the payments are part of the legal separation agreement
Retention of medical benefits and other like benefits
A legal separation agreement can stipulate which spouse pays for which house bills such as mortgage, utilities, etc.
A legal separation agreement will protect you from being responsible for any debt your spouse acquires during the period of separation if you live in an equitable distribution state

Making the decision to file for divorce or to file a legal separation can be complicated. You may wonder about how you will protect your financial stability and the future of your family. It is important to contact an experienced Anaheim divorce attorney to help you defend against all of your rights. Our attorneys know that nothing can change your life so completely as divorce and separation issues. Please contact our office today for a free consultation with an experienced attorney that know the rights and the protections that are built into divorce and separation law.

From the author: Orange County Divorce Attorneys

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