Getting married is one of the most momentous and joyous occasions in someone’s life. When they do get married, they will intend to be with this person for the rest of their lives. However, there are always situations that can put a strain on a marriage and relationship and one or both parties may want to end it. If you or your spouse would like to end the marriage, you could either file for divorce or go through a legal separation process first. When going through this experience, it is important that you understand the similarities and differences between a divorce and legal separation.
Status of Marriage
One of the main differences between a legal separation and a divorce is how it alters the status of your marriage. Breaking apart a marriage from a legal perspective is a major event and can have a significant impact on many facets of your life. When you go through a full divorce, the marriage will come to an end from a legal perspective. This differs from a legal separation in which you may no longer live with your spouse, but the marriage will remain intact.
In some cases, having a legal separation first will be required before a full divorce will be granted. This can be a good option for many people as it will provide a cooling-off period and allow people to think rationally before they make a final decision.
Impact on Health Insurance
Accrual for Benefits
Today, people that are married will be able to gain access to their spouse’s various long-term retirement and financial benefits if they stay married for a certain period of time. If you remain in a marriage for a full ten years, you can gain access to some social security income and military benefits. If you are in a legal separation, you should continue to have access to these benefits. However, if you are divorced, you will not be entitled to them if your marriage did not last at least ten years.
Division Major Assets
During a legal separation, most of the major assets that are owned by both parties will remain owned on a joint basis. This can include homes, cars, stocks, and retirement accounts. This differs from a divorce in which they will be split or sold as part of the final process. For cars and homes, the legal separation agreement will also frequently include a direction on which party will be able to use the home or car and which party will need to find an alternative option.
Childcare and Child Support are Similar
One of the ways that a legal separation is similar to divorce is now childcare and child support are handled. A legal separation is an agreement that will be agreed to in writing or set forth by a judge. Similar to if you are going through a divorce, this agreement will determine which parent will care for the children, what visitation rights will be, and what monthly child support payments will be. Depending on the situation, they may also be required to pay some form of alimony to the spouse to cover their living expenses as well.
What Happens if Legal Separation Leads to a Divorce?
During a legal separation, there are situations in which the two parties will decide that they want to end the separation and resume their lives together. However, there are also situations in which they will determine that a full divorce is the best option. In these cases, the legal process will include reviewing the separation agreement to determine if it was fair for all parties involved. During this time, all major assets including cars, homes, and investments will be split and a final agreement for alimony, child support, and other factors will be put in place.
Reasons to Hire a Divorce Attorney
Another difference between a divorce and legal separation is the impact on health insurance. Having access to affordable care continues to be very important for people all over the country. If only one of the two parties to the marriage is working and has access to coverage, it can pose a problem if they go through a full divorce. This could ultimately cause financial stress for both parties as it would require them to pay for third-party coverage, which can affect alimony and other support payments. If you are only going through a legal separation, you can typically stay on your party’s other insurance plan.
If your marriage is going through challenging times and believes that a divorce or separation is the best option for moving forward, it is always helpful to have legal support by your side. A divorce and family law attorney can provide a range of services including consultation on your case, support with filing and responding to claims, and handling any negotiations and arbitration with the other parties involved. Ultimately, they have your best interests in mind and will help you receive the best outcome possible.
When you are looking for a divorce attorney, the team with Ringer, Lingold, and Spencer is a great group to contact. They can help clients who are ending their marriages and provide you with all the legal support that you need. This will help ensure that your rights are properly represented and that you receive a fair outcome and settlement.
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