6 Reasons to Get a Legal Separation Instead of a Divorce

If you are running into trouble in your marriage, your thoughts might gravitate towards filing for divorce, or you may ask for a legal separation, but many people tend to conflate that with being the same thing as preparing for a divorce, and belaboring the point to boot. Nothing could be further from the truth. There are distinct differences between filing for separation as opposed to a divorce, and in fact, the former has a few benefits. Each of them is a completely separate legal process, and generally speaking, divorce is pursued only when the marriage is absolutely and irrevocably broken. Also, a divorce ends the marriage definitively whereas in a separation it is possible to live apart and divvy up assets without actually going through the painful divorce process. You might think that neither of these legal processes are possible at the moment due to current restrictions resulting from COVID-19, but court cases are still being carried out via video calls - this is also known as remote hearing. For more information as to why getting separated may work better in your case as opposed to a divorce, read on.

1. Kids are Involved

Perhaps the biggest reason why people pursue a separation as opposed to a full-on divorce is worry over how it can affect their children. Divorce is incredibly difficult, and the trauma around custody proceedings cannot be minimized. If the parents do not have the sort of issue that would mandate fighting for sole custody, then a legal separation works well for this purpose. Lots of couples decide to legally separate until the kids are grown, and then officially file for divorce. This spares the entire family the pain of custody battles and allows the children to enjoy the company of their parents without the fighting or screaming matches that would occur if they were still living together.

2. Separate Property

Legal separation is helpful in granting the necessary time for the couple to divide marital debts and assets without any pressure. Each state has its own particular set of ground rules, but when it comes to Arizona, the accumulation of property terminates once the service of a petition for divorce or legal separation comes through - they are typically treated the same way. However, you and your spouse can remain married, but still, safeguard yourselves from taking on the other’s personal debts or money related to future business ventures. So, a full-on divorce doesn’t need to happen if things are otherwise relatively copacetic in your marriage. A legal separation can, again, provide you with some wiggle room in terms of time and coordinating administrative work while you mull over other issues.

3. Trying Things Out

Another reason to definitely aim for a legal separation as opposed to a divorce is to give the couple space to think and see if they are ok with simply taking a break from one another till things cool off. No one makes the decision to divorce lightly, and if you or your spouse still hope to get back together at some point, a separation helps to give that room to think while also taking the pressure of minimizing issues related to property separation or combined debts. Oftentimes, couples would need to see if they are a good fit and whether seeing other people is actually what they want out of life. This is a turbulent and emotional time in any couple’s life, so having a grace period of sorts where each person can think more deeply about what they want out of their relationship without applying for a straight-on divorce is a wonderful gift.

4. Tax Benefits

Another benefit to remaining legally separated as opposed to getting a divorce is that couples can still receive certain tax benefits that they will not otherwise get if a divorce is finalized. For example, if the couple decides to separate, they can still continue to file taxes jointly, which is definitely a benefit. Of course, the trained eyes of a tax professional can help you ascertain whether or not this is definitely a possibility, but it is worth thinking about. 

5. Avoiding Courts

A legal separation can help the couple avoid the pain of going through court proceedings altogether. If they already are in agreement on vital issues such as calculating child support, or parenting time, then there is no reason for the legalities to become overly complicated by going to court. The parents can simply divest of assets and debts as an added protected measure through legal separation, and handle all other familial details amongst themselves.

6. Other Benefits to Take into Account

Sometimes, when couples get older, they find it harder to file for divorce. For example, one spouse may no longer receive social security benefits, which adds to further economic instability. However, if they remain legally separated but married, then there is no conceivable reason as to why they have to withhold other benefits as well.

If you or your spouse still feel undecided about the status of your relationship or would prefer to stay legally married but live apart for any of the reasons mentioned above, then a legal separation would surely work just as well in your favor. Sometimes a divorce can be the end all be all, and lots of couples aren’t ready to call it quits just yet. Luckily, the law grants you another option to help make things easier.