Legal Separation vs. Divorce Explained

Many couples seek legal separation instead of divorce when they’re having trouble in their marriages. This option enables spouses to separate legally, while maintaining some benefits of marriage like health insurance coverage and tax filing status. It is also a more flexible choice for those who hope for reconciliation and want to take a break from each other but don’t feel comfortable with the idea of terminating their marriages.

Divorce lawyer jersey city nj , there are a number of reasons why some couples might decide to pursue divorce rather than legal separation. Some people do not believe in forgiveness, while others need a clean break for emotional or physical well-being. Other factors to consider include the financial implications of the two paths, as well as how children will be affected by either option.

Differences Between Fault and No-Fault Divorce

During a legal separation, spouses must live separately and agree to a written contract called a “legal separation agreement.” The terms of this document will determine the duration of the legal separation as well as if one or both spouses will be responsible for joint debt and assets. Depending on the state, separated spouses may still be considered next of kin and therefore can make medical or financial decisions for each other.

Additionally, a legal separation may be a good option for couples who need to maintain benefits like healthcare and social security. This option can help spouses avoid potential penalties if they remarry, as they are only eligible for benefits based on their own work history and not the new spouse’s contributions.