3 Reasons Some Couples Choose Legal Separation

 Posted on December 04, 2020 in Legal Separation

No matter how mutual the decision may be to end a marriage, choosing to divorce is never an easy undertaking. Even the smoothest divorces mean big changes for both parties, and depending on financial circumstances and whether or not children are involved, those changes can have a ripple effect that impacts everyone in the household for some time to come. Divorce is just as much emotionally taxing as it is financially, compounding the burden for the entire family.

Given the potentially overwhelming nature of ending a marriage, it is understandable why some couples want to avoid the divorce process altogether. In fact, this is often a driving force behind legal separations, although a separation is often only a temporary solution and may not be an effective one for every couple. If you and your spouse want to delay the divorce for more practical reasons rather than emotional reasons, however, you may find that legal separation serves as a productive, beneficial option for both of you. 

Possible Advantages to Legal Separation in Illinois

The following three motivators often encourage couples to pursue separation as a stepping stone or alternative to divorce:

1. Health insurance coverage - There are multiple financial factors that come into play for couples who decide to split but not get divorced. Legally separated couples often still need to address issues involving child support and spousal support, and they may even choose to begin the process of dividing property as they would in a divorce. However, staying legally married does offer some financial benefits. For example, you may be able to maintain existing health insurance policies, allowing a person who is unable to acquire coverage through their own employer to remain covered through their spouse.

2. Time to build personal credit and enjoy other financial benefits -  Financial analysts also recommend that spouses establish their own lines of credit, separate from the accounts they share with their partners, before finalizing a divorce. Being legally separated allows time to make this happen. Building your own credit while you are still technically married gives you the opportunity to make a better transition into independent financial living, while you still share many of the bills and financial responsibilities as opposed to diving right into such a big change. Additionally, some couples choose to separate rather than divorce to be able to continue to file joint tax returns and save on the costs of divorce fees.

3. Opportunity to possibly repair the marriage - While financial, practical reasons for choosing legal separation before divorce are logical ones, emotional motivators of course still play a big role for many couples. Legal separation does often lead to divorce, but it can act as a time buffer for those who wish to attempt to repair their marriage through therapy and taking time apart to gain perspective and greater insight. Living separately is often an opportunity to define priorities, which can work wonders for couples who desire to reconcile in the end.

Contact a Kane County Family Law Attorney

Separation and divorce are difficult decisions to make, and dealing with an unraveling marriage is painful from any angle. If you are on the fence about legal separation and need a professional to address your questions and concerns, speak with a knowledgeable St. Charles IL divorce attorney to take the next step. Call Goostree Law Group at 630-584-4800 for a free consultation today.

Sources:

https://www.forbes.com/sites/jefflanders/2012/01/10/legal-separation-or-divorce-which-is-better-financially/

https://mom.com/momlife/legal-separation-vs-divorce-pros-and-cons/benefits-of-a-legal-separation