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Many couples with marital problems end up opting for divorce. In many cases, that is the right decision. But some couples may in fact fare better with a legal separation rather than divorce. A legal separation recognizes that partners are still married, but they are living apart. A small number of states do not recognize legal separations, but some states require it before a divorce filing. Others allow it but do not require it.
There are several situations, in particular, where a legal separation may be a better idea than divorce.
Though divorce has become more acceptable, some will want to avoid it for religious reasons. Others may want to continue supporting their spouse, but don’t do well living with them.
A couple may want to stop at legal separation in order to continue having the ability to file joint tax returns. While this can save money in some situations, it will not do so in every situation. In states which issue decrees of separate maintenance, the partners are not longer married for tax purposes. But in states that don’t issue these decrees, the partners may continue filing joint tax returns until they are officially divorced.
Another reason to avoid obtaining a divorce is to continue receiving health insurance and Social Security benefits. Each plan will be different, but many will continue covering separated spouses. Most will not cover divorced spouses. As far as Social Security benefits, a divorced spouses may be able to claim better benefits if the marriage lasted 10 years or longer. There are other factors that go into benefits determinations, though, and it would be best to speak with an attorney about timing of a divorce for Social Security purposes.
One thing to keep in mind is that legal separation may affect property division if the case ever goes to divorce. There are other matters to consider as well. Whatever one’s reasons for considering legal separation as an alternative to divorce, it is best to speak with an attorney prior to taking action.
Source: Reuters, “3 Reasons to Get a Separation Instead of Divorce,” Andrew Chow, March 1, 2012.