3 Benefits To a Legal Separation

Marriage takes a lot of work and sometimes it can become so difficult that you and your spouse may benefit from a break. This will give you both time apart to reassess your wants and needs from the marriage. You can figure out if it is worth saving your marriage rationally outside of the pressure cooker of your shared home.

While some couples choose an informal separation, there are many benefits to choosing a legal separation. Talk to your lawyer about creating a separation agreement Tampa. They will also be able to detail the legal benefits of more formal separation.

1. Similar To Divorce

When people get divorced, they have to work with their lawyers to determine custody arrangements, property division and spousal support payments. Although separation is not as final as divorce, when you get a legal one, you will have to make all these decisions. Having a third party to help determine which party is responsible for what can eliminate any uncertainty at the time, and if you do proceed with a divorce, you will have the groundwork in place.

2. Keep the Benefits of Marriage

Some couples choose a legal separation over divorce to keep the benefits of marriage while living apart. Staying married can be important for religious reasons and a separation gives the opportunity to live a separate life while keeping marital status. If you depend on your spouse for health insurance, a legal separation will allow you to continue to use them. There are many reasons why a couple might feel that they don’t need to be divorced but want a formal agreement in place during their separation.

3. Social Security Benefits

After 10 years of marriage, less-earning spouses are entitled to the future social security earnings of their ex-spouse. If you know that your marriage will eventually end in divorce, a legal separation will give you a head start in living apart while extending your marriage past the 10-year mark. Waiting could have a huge impact on your eventual retirement years.

The good thing about a legal separation is that it is not carved in stone. If you decided that you want to stay married, the agreement can be dissolved and you can resume your marriage. If you realize that you do want to divorce, your separation agreement will form the basis of your divorce agreement and the whole process can be a lot smoother than if you hadn’t taken this first step.

 

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