It's no secret that the divorce rate in America is high, with nearly fifty percent of marriages ending. You may currently struggle through a difficult marriage, considering moving on. Before you do, consider the advantages of separation first.
Separation has many benefits. Some are practical, and some could help you reconcile your differences and become stronger as a unit.
Here is an overview of legal separation. In it, we will compare divorce and separation and provide reasons why separation may be your best option instead of signing those divorce papers.
The Legal Implications of a Marriage Separation Versus a Divorce
Understanding the differences between legal separation and divorce can be complex and overwhelming. However, familiarizing yourself with both options will help you make an informed decision.
Marriage separation most often involves couples living apart while remaining legally married.
Divorce legally ends the marital relationship altogether.
The Financial Benefits of Separating Rather than Divorcing
Separating can be a financial blessing when compared to divorce. It allows spouses to remain married and still live apart.
This can be less expensive, as separation can protect existing benefits. You can continue to share health insurance and pensions that may otherwise be lost in a divorce.
The entire process costs much less as well. Separation is generally simpler than divorce so you can avoid many of the court and legal fees associated with divorce.
Relationship Benefits
Separation can give both parties more time and space to consider their goals and desires while the divorce is final. It provides breathing room to prevent further conflict and gives each person time to reflect and heal. Separation can also allow to experience independence while keeping your relationship legally intact. The legalities of separation also make reuniting easier, should you choose to do so.
There is also a risk that one or both individuals could become emotionally distant during this time of physical distance. It may be hard to consider this distance a benefit, but consider what growing apart tells you. It sends you the message that the relationship may end, and you can end it free of guilt, shame, anger, and the like. Amicable breakups are always better than a bitter divorce, especially when children are involved.
Speak with Your Attorney Before Making a Decision
Regarding decisions regarding your marriage, sound legal advice is essential. Consulting a qualified attorney can help you understand potential financial and legal consequences. They can help you weigh your options and decide which is better, a separation or divorce. Lawyers also provide invaluable insight into the overall process.
Speaking with an attorney lets you make informed decisions about what’s best for everyone involved. Unlike other sources of information, such as friends and family, a lawyer can bring more accuracy to the conversation. While a difficult decision may be looming, seeking knowledgeable counsel is instrumental to navigating a potentially complex legal matter.
Singleton Smith Law Offices, Inc. can help advise the legal steps to take in your marriage. We will stand by your side whether you need a legal separation or a Murrieta Divorce Attorney.
For a free consultation, call us now at (951) 779-1610 or contact us online.
FAQs
Separation allows for unique estate planning opportunities that divorce might negate. Couples who legally separate can retain certain government benefits that they may otherwise lose access to. Choosing to legally separate instead of divorce can sometimes give space for future reconciliation.
Is it better to stay separated or get divorced? ›
Separating can be a financial blessing when compared to divorce. It allows spouses to remain married and still live apart. This can be less expensive, as separation can protect existing benefits. You can continue to share health insurance and pensions that may otherwise be lost in a divorce.
What are the benefits of being separated but not divorced? ›
It has less social stigma compared to divorce. If you have children, separation can offer a more stable environment for them. It can be less emotionally taxing than divorce and allows for a more gradual adjustment to new living arrangements.
Why is separation good for marriage? ›
For some couples, a trial separation makes sense because they use can use the time to honestly evaluate the relationship, work on themselves, and work on the relationship. This is especially true if one or both partners have experienced trauma or has substance abuse issues.
What happens if you stay married but separated? ›
Legal separation basics
In a legal separation, you stay married but the court divides your property and debts and makes orders about financial support. If you have children together, you can also ask for orders about their care and support. You can ask the judge to make orders about: The division of your property.
Why do people separate but not divorce? ›
Besides money and benefits, another reason people choose legal separation instead of divorce is because they aren't sure if they are ready to end the marriage. A legal separation allows couples to have a “cooling off” period to determine if the marriage can actually be repaired.
What is the point of separation instead of divorce? ›
Divorce will create the need to sever those financial ties; a process that can be contentious and tedious. A separation allows time to work through some of the details of your finances and budget before deciding if divorce is inevitable.
What are the disadvantages of separation rather than divorce? ›
You Cannot Remarry If You're Legally Separated
Legally separated couples are still legally married. This means that you cannot remarry another person if you're separated. If your goal is to marry another person, legal separation is not a good option for parting from your current spouse.
Is it better financially to separate or divorce? ›
For many, this new arrangement is a “win” for several different reasons: It gives financial benefits to both partners. Separation allows for unique estate planning opportunities that divorce might negate. Couples who legally separate can retain certain government benefits that they may otherwise lose access to.
Do marriages survive separation? ›
Approximately 80% of separated couples go on to divorce. 20% reconcile. Often, the types of differences that drive the decision to divorce (instead of reuniting) include: That the couple has changed too much since they were initially together.
Some experts regard a six-month separation as a good amount of time for a temporary separation, since it is long enough to set up a second household and gain perspective, but not long enough to seem permanent.
Does a husband have to support his wife during separation? ›
If both spouses are financially independent and capable of sustaining themselves without assistance from the other, financial support during separation may not be required. However, this can vary depending on the specific circ*mstances of each case.
Is it cheating if you are separated but still married? ›
5. It is not adultery if you have already separated. If you engage in a sexual relationship with someone while you are still legally married, it is technically adultery even if you and your former partner do not live together anymore and are no longer emotionally or physically in a relationship.
Is it better to stay in an unhappy marriage or get divorced? ›
While some struggling marriages can be repaired through therapy, better communication, improved resolution conflict, and more, others simply aren't salvageable, which makes divorce the best option.
How do you know if you should separate or divorce? ›
If there's abuse, drug use or alcoholism, infidelity, or a plain inability to overcome the past – then a divorce may be the better option. And, while separation is a viable option, it can put you at risk if your spouse is taking advantage of you financially.
