Benefits of legal separation over divorce

When a couple goes through a rough patch, they must decide if it makes sense to move forward with divorce. For those who are unsure if divorce is the right idea, legal separation may be the best action to take for the time being.

The primary benefit of legal separation is the ability for couples to spend time apart without the need to divorce. Furthermore, it allows them to avoid issues related to property division, child custody and child support.

There are many financial benefits of remaining married, as opposed to divorcing, such as tax incentives.

With a legal separation, as opposed to divorce, a marriage is not ended. Even though obligations and rights for both parties are outlined, the marriage still exists. For this reason, neither party has the right to marry another spouse.

If the couple eventually decides that they want to work things out, it is easier to do so after a legal separation. Unlike a divorce, if a couple decides to reconcile, they are not forced to go through the marriage process once again. Instead, they can submit a request to the court to resume the marriage.

There are times when divorce is the only way for a couple to move on. There are also times when a legal separation makes more sense. Any couple that is facing trouble should learn more about the benefits of legal separation, as well as how it differs from divorce. This is the best way to make a decision that will benefit both parties, as well as any children the couple has together.

Source: FindLaw, “Legal Separation,” accessed Sep. 20, 2015


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