Legal separation occurs when a couple agrees on how to manage assets and affairs while living apart, but choose not to get a divorce. Like divorce, legal separation must be granted by the court before it is officially recognized. Couples may form separation contracts outside of court, but the contract is not legitimized until agreed upon by a judge. Here, you will learn about the benefits and disadvantages of legal separation.
Benefits of Legal Separation
A legal separation is an appealing option for a variety of reasons, such as:
* If couples have moral or religious reasons not to divorce
* Allowing a spouse to remain on the other party’s insurance policy
* Feeling the need to live separately while working on marital issues
* Not wanting to live together while waiting to finalize a divorce
* Provision of tax benefits before the divorce is finalized
* Allowing a spouse to qualify for the other spouse’s pension or Social Security benefits before the divorce takes place. For instance, a military spouse may be able to take advantage of USFSPA benefits, which require a minimum of ten years of marriage.
Drawbacks of Separation
There are some factors in legal separation that may make annulment or divorce the better option, such as:
* A separation contract can often be used as a basis for division of assets when the divorce is finalized. These contracts are often legally binding when divorce occurs.
* Loss of insurance coverage. Not all insurers continue to cover spouses during a legal separation
* Lack of ability to remarry until formally divorced
* Spouses remain liable for the other’s debts (such as mortgages) if the couple shares accounts and agreements
I’m Considering Legal Separation. Do I Need a Divorce Attorney in Birmingham AL?
Depending on your home situation and your financial outlook (for instance, if you recently inherited money or there are children involved), legal separation can be a very complex process. To protect your legal rights and safeguard your assets as much as possible, and to ensure that you get your fair share when the separation is official, it is best to consult a Divorce Attorney in Birmingham AL. Contact Forstman & Cutchen LLP to see how we can help you with your case.
