12. June 2019 · Comments Off on 5 Situations That Tell Separation Is Better Than Divorce · Categories: Legal · Tags: , ,

Separation instead of divorce is an option that can be persuaded by a married couple when their marriage is falling apart. Legal separation is different from divorce. Being legally separated means a spouse can live apart while retaining their marital status.

The same issues addressed in a divorced are also addressed in a legal separation agreement. This can protect the interest of both spouses until a decision is reached on whether to file for a divorce or not and family attorneys Cabarrus county will help you to reach your final decision. Legal separation with divorce means that a court judge will assume that both parties were satisfied with the agreement and will likely carry the agreement over to the divorce settlement. This means it is very important to arrive at a separation agreement you can live with long term.


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In this article, we will discuss situations when Separation is better than Divorce in great detail.

Legally separated couples are still considered married. This married status actually provides benefits to both parties and is a good reason for a married couple to become separated instead of divorce.

Situations where separation is better than divorce

  • A spouse can retain the benefits of the couple’s health care plan, especially if it is under the name of the other party. Getting divorce usually terminates this coverage.

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  • Some religious beliefs and institutions have conflicting ideas on divorce. That is why the attorney for divorce & separation prefer couples to live apart can choose to have a legal separation agreement in order to stay married for the sake of their religion.
  • Military spouses gain benefits from the Uniformed Service Former Spouse Protection Act if they remain married for at least 10 years. Remaining married 10 years or more also qualifies couples for certain social security benefits.
  • Taxes are must be filled singly after a divorce.
  • The separation allows time for both parties to resolve their difference to either resume the marriage or finally settle on divorce and move on with their lives.

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Other issues such as loans or mortgage payments and joint savings and checking accounts can be resolved in the legal separation agreement. An outline of which portion of mortgage payments and maintenance fees of the marital home are to be paid by which spouse can be included. Access to the couple’s bank accounts or the need to close it and open a separate account can be defined. Legal separation is a good alternative option to consider for married couples who are uncertain about divorce. It should be discussed thoroughly. Have a peek at this website to learn how legal freedom to remarry and have a second chance to strengthen the relationship in great detail.