Separation or Divorce? Situations When the Former is the Better Choice

A Broken FamilyMany couples choose to go down the divorce path instead of separating because they think that’s the only option they have. They’re unaware that married couples whose marriage is failing can choose to pursue another option instead.

As O’Shea & Dyer Solicitors and other separation lawyers would explain, legal separation is unlike a divorce. Being separated legally means that these couples can live in separate homes and still retain their marital status.

Couples who are legally separated are still regarded as married. In fact, this type of marriage status offers several advantages to couples. It’s also a great reason for them to just separate instead of filing for divorce. To give you a better idea, here are some instances where separation is the better option:

  • The significant other will still get the advantage of the pair’s health care plan, particularly if it’s under the name of their partner. Getting a divorce typically dismisses this plan, though it will depend on the terms listed on the divorce settlement.
  • There are religious institutions and beliefs that have contradictory notions regarding divorce. Couples who desire to live separately can simply get a legal separation agreement to remain married for the benefit of their religion.
  • Not only that, military partners will get the advantage of the Uniformed Services Former Spouse Protection Act if they stay married for a minimum of 10 years.
  • Staying married for a decade or more make couples eligible for particular social security assistances.
  • After a divorce, they must file their taxes individually.
  • Separation gives the couple time to resolve their issues, so they can either choose to file for divorce or continue their marriage eventually.

Legal separation is a great alternative choice for these married couples to think about, especially if they are still unsure about getting a divorce. With the instances listed above, they will be able to determine if this move is right for them.