Choosing Legal Separation

If you are having problems in your marriage, you may be considering a divorce for a clean break and financial protection. What you may not realize is a legal separation can be as beneficial as a divorce and may work out better in the long term. NY divorce attorneys at Muscente Law explain the differences between legal separation and divorce, and which choice is best for your specific situation..

Separation and Divorce

Choosing a legal separation is essentially putting a marriage in pause. The couple lives apart and has an agreement as to finances and the care of children. Neither party is responsible for the debts of the other. A divorce is very similar to a legal separation except that the marriage ends.

Reasons to Choose Separation

There are several financial and personal reasons to consider a legal separation.

• If you or your spouse are unsure about ending the marriage, a separation gives you time to think things over while still providing financial protection.

• If divorce is not possible due to religion, a separation can be a suitable solution.

• You or your spouse can keep health insurance coverage provided by the other’s employer during a separation. A divorce would not allow for this.

• You can still file taxes jointly with your spouse.

• If you have not yet reached the 10-year mark for military and social security benefits, a separation can be used to remain legally married until that point.

Reasons to Choose Divorce

In some cases, if there is no clear financial benefit to separation, or one spouse wishes to marry someone else, it is better to divorce. In addition, not all states permit legal separation, and a divorce is required for spouses to be financially independent of one another.

If you and your spouse are unsure whether to legally separate or divorce, the law offices of Nicole Muscente can help you explore your options and make the right decision for your circumstances.