Divorce vs. Separation
If a married couple decides to call it quits and, thus, end the marriage, a divorce is almost always the initial inclination. However, some Houston divorce attorneys may advise against quickly jumping into a divorce for a number of reasons, one of which is the immense financial liability.
How is legal separation different from divorce? What are their common grounds?
Legal separation is a feasible option for married couples that desire to live apart but refrain from severing the legal title/bind of the marriage. In other words, it allows for the couple to continue referring to each other as their spouse. In a case when the couple lives apart from each other, a court order is initiated that defines each spouse’s rights and responsibilities as a legally separated, married couple. Additionally, or inclusively, a legal separation agreement must be drafted to address an array of issues. These issues can range from child custody and visitation, to alimony and spousal support; it can also outline the agreed upon division of the assets, debts and liabilities of the married couple.
It is common for one to question the logic behind opting for legal separation instead of divorce, when they are seemingly so similar. This challenge is not without valid grounds. The main argument revolves around the several advantages that are associated with filing for legal separation that are not present with completely dissolving a marriage.
Assets remain marital
In a legal separation, the properties and assets of the couple remain under the ownership of both parties unless otherwise stated in the agreement. Being the case, both parties maintain the legal rights over the assets, further eliminating the possibility of a deceptive scheme.
Health insurance benefits
Divorce puts and end not only to the legitimacy of a marriage, but also terminates the physical, emotional and financial connections and bonds between the spouses. This includes the termination of health insurance plans of the non-employee spouse, something that can be problematic since in many cases, one of the reasons of staying unhappily married instead of filing a divorce is to be able to retain medical insurance benefits. Legal separation provides a practical solution for these couples. This way, all the medical benefits remain available for the non-employee spouse.
Social security benefits
If a recently married couple decides that marriage is not the right choice for them a legal separation agreement may be in order. The drafting of such a document enables the couple to move on with their lives separately while waiting for their marriage to hit the 10-year mark. This is important as marriages that last less than 10 years are ineligible for social security spousal advantages and benefits.
Tax
Married couples usually get the benefit of tax shields or exemptions. Such couples typically have fewer taxes due. However, once a marriage is dissolved through divorce, their status becomes ‘single’ and most likely will incur higher tax dues.
Possible reconciliation
Legal separation allows a couple to spend time apart and the possibility to contemplate their various options, one of which may be divorce. It is not uncommon for divorce settlements to sometimes result in regrets for both parties. Separation, in contrast to a (permanent) divorce, allows the spouses an ample amount of time to reflect on their possible courses of actions. It is even possible that a legal separation leads to reconciliation.