As with any court case concerning family law, the choice of legal separation has certain disadvantages. Even though legal separation is not a divorce, the journey is still complicated and emotionally draining. This is one more reason to choose an experienced lawyer like Bruce A. Mandel to represent you and manage your documents. However, before addressing the possible financial benefits of legal separation, I would like to clarify a few fundamental points. The continuation of legal separation brings benefits to the reduction of tensions. Living apart gives a couple the opportunity to work on their marriage. A spouse and his or her children may also remain in the health plan of the working spouse. In many cases, it comes down to money. You see, sometimes it`s a good financial decision to opt for legal separation. Law before 2018: Among the many benefits of legal separation are financial incentives such as the ability for legally separated spouses to deduct spousal support.
According to IRS Publication 504, alimony can only be deducted if the spouses are not members of the same household and are legally separated. In other words, spouses must have an official marriage separation document certified by the court in order for the spouse`s support payments to be deducted. In addition, tax returns cannot be filed together as a couple if spousal support payments are taken as a deduction. For more advice on separation and divorce, see Tracy`s book Divorce 101. We would be happy to sit down with you in a FREE consultation to discuss your options. Have you considered the pros and cons of legal separation versus divorce? Our lawyers understand how complicated these two procedures can be and want to help you make the right choice for your personal situation. You can trust that we care about your best interests, as well as the interests of your children and the protection of your financial assets. Do not hesitate to call us or contact us online to make an appointment with one of our experienced lawyers. For some religions, divorce is either forbidden or unrecognized. In fact, some religions will even go so far as to excommunicate anyone seeking divorce – especially those who remarry. This puts some couples in a difficult situation when they look at their options.
While a legally separated couple cannot remarry, legal separation will give the couple the opportunity to live apart. According to statistics from the 2006 U.S. Census Bureau, about 14% of legally separated couples end up getting together. For couples who are religiously opposed to divorce, legal separation offers independent living, religious acceptance, and a chance for reunification. Some couples who separate may never decide to get married. Since couples who separate are still legally married, they still enjoy the many benefits of marriage. Separated spouses are still eligible for family health insurance, receive spousal pensions and take advantage of tax benefits by filing a joint declaration. In some cases, the benefits of marriage may outweigh the benefits of divorce. Legal separation allows these spouses to retain the benefits of marriage while living a separate life. It is important to note that since legally separated couples are still technically married, they will not be able to remarry during this period. A full divorce is necessary if a spouse wants to remarry. Simply put, legal separation allows married spouses to live separately and live a separate life.
To be legally separated, couples file an application with a court in a process that is almost identical to filing a divorce. The petition essentially states that the couple is struggling with irreconcilable differences and that they would benefit from living together. These irreconcilable differences can make it difficult for spouses to agree on incredibly important aspects of their lives. When spouses are legally separated, a court has the power to make decisions on custody, injunctions, spousal support, family allowances and asset division. Separated spouses are legally obliged to comply with court orders […].