No one gets married thinking that one day they will start considering getting divorced. Still, this is how 52% first marriages ends up. If your marriage if falling apart, divorce is not your only option. You can also opt for legal separation. When legally separated, spouses can live apart but still retain marital status. All the issues that are addressed when divorcing are also addressed when spouses are getting legally separated. This can keep the interests of both spouses until they decide if they will get divorced or not. But when is separation better than divorce? Here are 5 scenarios when legal separation is a better option.
You Want to Retain Some Marital Benefits
In case you and your spouse get divorced, you will lose some of the marital benefits you both have. For example if you are covered under your spouse’s health insurance plan, once you get divorced you will have to change your insurance plan. This is the case when legal separation might be a better choice. When legally separating, you can state in the agreement that benefits like this will continue even during the period of separation. So when legally separating, all the benefits you held during the marriage will be retained.
You do not want to Get Divorced for Religion Reasons
There are some religious beliefs and institutions that dot allow couples to get divorced and remarry. This is another case when legal separation bight be a good option. By separating legally you will retain your marital status, thus not going against your religion. On the other hand, you can live apart and lead separate lives. Many people opt for legal separation instead of a divorce right because of their religious beliefs.
You Want to Meet Requirements for Social Security Benefits
If a marriage lasted for more than 10 years, a divorced spouse is entitled to social security benefits once he or she reaches the age of 62. These social security benefits are equal to the greater of one spouse’s own work record or 50% of another spouse’s work record. This is why many couples decide to get legally separated instead of getting divorced. They usually wait until the marriage lasts for 10 years and then get divorced. This helps them meet the requirements for social security benefits.
You Want to Have Potential Tax Benefits
A large number of couples assume they manage to save more money by filing joint tax returns. That is why they choose to separate without getting a divorce. Still, laws considering filing joint tax returns after being legally separated are different, depending on the place you live. That is why if you want to have some tax benefits from not getting a divorce, you should consult your attorney or tax advisor, who can tell you more about the laws in your country.
You are Not Sure You Want a Divorce
You and your spouse certainly have a lot of problems if you are considering the option of getting a divorce. Still, couples who start thinking about getting divorce do not always end up doing it. If both of you think that there is a chance for you two to get back together, legal separation is a good option. In case you decide you should not get back together after being separated for some time, it is the right time to file for a divorce. There are many different ways you can file for a divorce. For example, you can do it at Oregon Divorce Online and start your divorce as soon as possible.
Legal separation is a great option in some cases. Still, it is always important to sit down and think through the whole situation. You and your spouse should make sure you choose the best option that will allow you to move on.
Tracey Clayton is a full time mom of three girls. She feels she knows a thing or two about raising happy, healthy and confident kids, and offers helpful advice in hers parenting articles. Her motto is: “Live the life you love, love the life you live.”