Legal Separation and Divorce - The Differences and the Benefits
June 7, 2012 By Jones Law Firm P.C.
Many people are unsure of the difference between a legal separation and a divorce. In this article, the benefits and the differences of both will be investigated. In many states, a legal separation can be granted to a couple if “irreconcilable differences between the parties have caused a temporary or unlimited breakdown of the marriage.”
This means that a couple can suspend their marriage for a period of time while they make the decision of whether or not they would like to proceed in filing for divorce. Although both a legal separation and a divorce essentially carry the same weight in the eyes of the law, there are several benefits to filing for a separation first.
So what is the difference between the two? A legal separation simply means that a couple has decided to suspend certain boundaries of their marriage by court decree—meaning that a court order, which is enforceable by law, will make provisions for important martial issues. Matters of child support, child custody, visitation, division of property and spousal support will all be negotiated by the couple in this legally binding court document. Under these circumstances, a couple can choose to live separately before making the decision of filing for divorce. If the couple then decides to move forward with a divorce, in many cases, the previously decided provisions of the separation agreement will serve as the sole basis for the divorce proceedings.
Some couples decide to maintain a legal separation for a period of time as a way of retaining certain financial benefits, however, before taking the step to end their marriage. If a couple has not yet proceeded with a divorce, they may be able to take advantage of certain benefits that they were allotted during their marriage. For example, in some states if one spouse is paying the other spousal support in the time of their separation, they may be able to claim these payments as a tax deduction. Other benefits like retaining health insurance coverage can be outlined in the separation agreement, as well as having access to any joint checking, savings and credit accounts. Many times, a spouse will be protected from responsibility of the other’s acquired debt during the time of their separation, as well.
If a couple eventually decides to dissolve their marriage, however, all of these benefits will be forfeited. Filing for divorce means that the status of a couple’s relationship is no longer bound under the law, except for the negotiated martial issues of things like child support and alimony, for example. If you are faced with the possibility of divorce and would like to better understand the benefits of a legal separation, enlisting the guidance of a local family law attorney may help you to figure out the best course of action.
ABOUT THE AUTHOR: Jones Law Firm, PC
The knowledgeable team of attorneys at Jones Law Firm, PC is dedicated to helping families and individuals alike with any complicated matters of family law that they may be faced with. This firm understands how difficult many of these family matters can be, so they work tirelessly to provide a climate of compassionate support and qualified legal assistance for all of their clients. If you are faced with the reality of a divorce and all that it entails—like issues of child custody, alimony, or visitation rights—it is important to know that there is help. If you enlist the help of a Denver family law attorney from Jones Law Firm, PC, you won’t have to worry about handling a complicated legal process alone. Visit the firm’s website today for more information.
Copyright Jones Law Firm P.C.
More information about Jones Law Firm P.C.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
So what is the difference between the two? A legal separation simply means that a couple has decided to suspend certain boundaries of their marriage by court decree—meaning that a court order, which is enforceable by law, will make provisions for important martial issues. Matters of child support, child custody, visitation, division of property and spousal support will all be negotiated by the couple in this legally binding court document. Under these circumstances, a couple can choose to live separately before making the decision of filing for divorce. If the couple then decides to move forward with a divorce, in many cases, the previously decided provisions of the separation agreement will serve as the sole basis for the divorce proceedings.
Some couples decide to maintain a legal separation for a period of time as a way of retaining certain financial benefits, however, before taking the step to end their marriage. If a couple has not yet proceeded with a divorce, they may be able to take advantage of certain benefits that they were allotted during their marriage. For example, in some states if one spouse is paying the other spousal support in the time of their separation, they may be able to claim these payments as a tax deduction. Other benefits like retaining health insurance coverage can be outlined in the separation agreement, as well as having access to any joint checking, savings and credit accounts. Many times, a spouse will be protected from responsibility of the other’s acquired debt during the time of their separation, as well.
If a couple eventually decides to dissolve their marriage, however, all of these benefits will be forfeited. Filing for divorce means that the status of a couple’s relationship is no longer bound under the law, except for the negotiated martial issues of things like child support and alimony, for example. If you are faced with the possibility of divorce and would like to better understand the benefits of a legal separation, enlisting the guidance of a local family law attorney may help you to figure out the best course of action.
ABOUT THE AUTHOR: Jones Law Firm, PC
The knowledgeable team of attorneys at Jones Law Firm, PC is dedicated to helping families and individuals alike with any complicated matters of family law that they may be faced with. This firm understands how difficult many of these family matters can be, so they work tirelessly to provide a climate of compassionate support and qualified legal assistance for all of their clients. If you are faced with the reality of a divorce and all that it entails—like issues of child custody, alimony, or visitation rights—it is important to know that there is help. If you enlist the help of a Denver family law attorney from Jones Law Firm, PC, you won’t have to worry about handling a complicated legal process alone. Visit the firm’s website today for more information.
Copyright Jones Law Firm P.C.
More information about Jones Law Firm P.C.
View all articles published by Jones Law Firm P.C.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
