Have your friends and family advised you get a legal separation instead of a divorce? Both change your status from married to single. Both cannot be granted until after a 90-day waiting period. Both are decrees from the court that include a division of assets and debts, a determination of maintenance (if any), and a parenting plan with child support (if there are children). So what’s the difference then? The difference is that with a divorce, the moment the decree is issued you are a separate taxpayer, free to remarry again. If you obtain a legal separation, you become a separate taxpayer, but, and this is a big but, you are NOT free to remarry. What? Not free to remarry? Who would ever choose legal separation? People who choose legal separation may do so because they are still “examining their relationship” and are not sure it’s really over. Legal separation permits them to complete this evaluation process, and if it is really over, to easily convert the legal separation to dissolution by filing a simple motion with the court. Some of the more pragmatic reasons for choosing legal separation are inheritance rights are not forfeited, retirement related or social security benefits are maintained, religious or moral beliefs surrounding divorce, and health insurance benefits are not lost. Health insurance companies and retirement fund management companies are catching on though and many, in an effort to improve their bottom lines are including plan provisions that no longer permit a legally separated spouse to be covered or to benefit from the named spouse’s plan. If continued benefits are the primary reason for obtaining a legal separation as opposed to dissolution, a written confirmation that the benefits in question will not be terminated upon legal separation should be obtained beforehand. Consult with a family law attorney to be fully advised before making your decision.
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