When someone is unhappy in their marriage, they choose to get a
divorce, right? Why would anyone choose to only get a
legal separation, then, if ending their marriage was their primary objective? For many
couples, there are some significant advantages to filing for legal separation
instead of divorce.
Benefits of Legal Separation
First and foremost, a legal separation represents for many people a time
to sit and think in peace. Marriages can get rocky when neither spouse
feels like they have time for themselves to decide what they want for
their future. A legal separation can allow each spouse space and time
away from each other to evaluate their marriage, as well as what makes
Legal separation also does
not technically end a marriage. Therefore, any advantages that were gained
due to the marriage will remain intact. Some of these advantages, such
as the ability to continue receiving healthcare benefits, are the main
reason couples choose legal separation.
You will not lose the following marital benefits in a legal separation:
- Tax benefits
- Retirement plan benefits
- Health insurance
- Immigrant status
You will still need to decide how to manage multiple aspects of your day-to-day
life, as if you were divorcing. This includes making choices and agreements
regarding living situation, incomes,
relocation, and so on. Legal separation can act as an effective “trial period”
to see if these agreements will hold up permanently in a divorce.
Potential Downsides to Legal Separation
Everything has its pros and cons; legal separation is not an exception.
While there are many benefits for keeping your marriage intact despite
separating from one another, there are distinct downsides to consider.
Two possible disadvantages to legal separation are:
If you are trying to weigh your options between legal separation and divorce,
our Oregon divorce attorneys can help you decide what is right for you
and your unique situation. Our team at McKinley Irvin is highly experienced
in helping families with delicate family law disputes. We invite you to
get in touch by
arranging an initial consultation
- Neither you nor your spouse can remarry someone new.
- If you do want to divorce, you must wait at least six months since the
separation decree was approved.