While some marriages may not work, it doesn’t mean these couples have to get divorced right away, especially when there are children involved. Sometimes a legal separation is the best approach since you and your former spouse are still legally married, but living apart. A legal separation can be beneficial under some specific circumstances. For example, some couples like to continue filing joint tax returns and receiving other benefits such as health insurance and retirement benefits. Also, there may be some religious reasons why couples decide to stay married. Whatever your reasons are for pursuing a legal separation instead of a divorce, a Salt Lake City legal separation attorney can help you with the whole process from start to finish.
Some couples are not sure whether or not they want to end their marriage so a legal separation is a good start. It is a good idea to figure out what you want to do with your life first. Perhaps you and your former spouse will reconcile in the future. If you decide to go back with your spouse, there is no need to remarry because you are already married. Only you and your spouse know what’s best for you and your family. If after being apart you realize you are not meant to be together, you can always get divorced. But at least you tried to work things out. This is a wise option, particularly for couples with minor children.
Health and Social Security benefits
This is a common reason why some couples prefer to opt for a legal separation instead of a divorce. Although some health insurance plans cover separate spouses, it may not be possible after getting a divorce. You must check what your plan covers. Social security benefits are quite different. If the marriage lasted longer than 10 years, you may be able to claim your former spouse’s benefits. However, if you have been married for less than a decade, you may not be able to claim your benefits. This is why some couples choose to remain together for at least 10 years.
This is also a common scenario. Some couples don’t want to get divorced because of their religious background. Or perhaps they still have feelings for their former spouse. In such cases, a legal separation may be better. Just remember a legal separation can affect the division of assets if you decide to file for divorce in the future. Consult your Salt Lake City legal separation attorney before making the final move.
Dating and remarriage
Perhaps you and your spouse have been living separate lives for quite a while now and you have found someone special you want to date. Just remember that a legal separation will not allow you to get remarried. If this is your situation, it may be better to get a divorce so that you are free to date other people.
We understand how the legal separation process works. Call us today and we will help you with your legal needs.