Marriage Dissolution
Sometimes couples have issues in their marriage and decide that it’s time to move on. They feel that there is no choice but to get a divorce and go their separate ways. But there is another solution and that could be a legal separation. If you are not sure that you want to divorce and think that you might be able to work things out, this might be the solution for you.
It is a difficult decision when your marriage is suffering and you don’t know what to do. Not a lot of people think about marriage separation being an option, but it is. You can try separation agreement first before you divorce to see if that is what you really want.
This article will help you to decide which option is better for you as a couple. The two options are similar, but they have many differences, as well. Read on to see if one of these options is better for you than the other.
Separation
- Reversible
A legal separation can be reversed while a divorce cannot be. With a separation, you are still living apart from your partner and still have legal obligations that concern children, alimony payments, and property separation. In some instances, such changes may lead one or both partners to reconsider their identities, possibly contemplating how to legally change your name. This could be a fresh start, or a symbolic gesture towards a new phase of life, requiring a clear understanding of the procedures involved, which vary by jurisdiction. This can all be reversed if you decide that you no longer want to be apart and that you want to be married again.
- Children
If you have children, you might not want to divorce because you feel it would harm them in some way. You can legally separate and still be a family, just one that is living apart from each other. This might be best if you are not sure if you want to stay permanently apart.
- Not Sure
If you are not completely sure that you want a divorce, but think the marriage could be saved, you might want a trial separation. This way you can still work on your marriage but could be living apart from one another to give each other time to think. You could find ways to save your marriage, or you could decide that being apart from each other is best for your family.
- Religious Reasons
There could be religious reasons for the couple not to get divorced. If this is the case, you could get a legal separation and still be married in the eyes of the church. You could live separately and still have your freedom, but are still legally married.
- Health Insurance
If you get divorced, health coverage would end for your spouse. If they can’t live without health insurance and they need it for medical reasons, a legal separation might be best. Your spouse would still be eligible for your health care benefits if you are separated.
- Taxes
Being legally separated still allows you to file taxes jointly which can have some monetary benefits for you. You could also receive some extra tax benefits from doing your taxes this way and save some money. You could also get more of a tax refund if you are filing jointly. See here for tax benefits that might be better for you if you are legally separated: https://www.irs.gov/newsroom/some-tax-considerations-for-people-who-are-separating-or-divorcing. This site will help you to see if this is truly beneficial for you.
- Social Security and Military Benefits
Legally, the marriage must last at least ten years to receive any benefits, such as military benefits or social security from your spouse. If you haven’t been married ten years yet, and these benefits are necessary for you, a legal separation would be best for you. This would allow you to live apart and still be legally married so that you could get the benefits when it is time.
Divorce
- Financial Benefits
There may be no financial benefits for you to stay legally married, so divorce might be your options. If you file for legal separation, and then a divorce later on, you will be paying twice for the legal paperwork and court costs. If you know that you want to be divorced and there is no chance for reconciliation, it would be better for you to file for divorce. See here for the cost of divorce versus the cost of separation. This might help you to make the right decision.
- Remarriage
You might have met someone new and want to remarry. You can’t do this if you are legally separated, you must be divorced before this can happen. In this case, divorce is definitely the better choice for you.
- No Connections
If you want to have no connections to your spouse for any benefits reasons, you need to get a divorce. This way, you spouse won’t have any legal way to receive your benefits. This would be best if you just want to be done with your spouse and there is no hope for reconciliation.
- Legal Termination
Divorce is the legal termination of your marriage, signifying an irreversible separation. This option is typically pursued when there are underlying issues in your marriage, such as infidelity or abuse, which may make reconciliation seem impossible. In such cases, it becomes essential to take the necessary steps to change your name, allowing you to move forward effectively. If you happen to reside in Phoenix, conduct thorough research on how to legally change your name in Arizona to ensure you navigate the process accurately. Changing your name plays a pivotal role in solidifying the finality of your divorce and empowers you to move forward with confidence in your new chapter of life.
- Dating
If you are legally separated, you will not be able to date because you are still legally married. If you want to be able to date again, you will need to be legally divorced. This way, there won’t be any rumors or talks about you and you won’t be liable for anything financially. You can read about legal separation and dating on several websites.
Conclusion
When you begin to have issues with your marriage, the best thing for you to do is get some counseling or otherwise talk things out. If you are still having difficulties, a legal separation might be best for you – if you think that things can be worked out. If you are sure that things are not going to work out and you just want to be through, a divorce would be best for you. This is true in most circumstances, but if there are religious reasons, or family reasons, you might have to choose separation instead.
Only you and your spouse can make this decision for your marriage. You can get advice from everyone you know, but the ultimate decision is between the two of you. Your friends and family might have other reasons for you to divorce or to separate, but only you two know what is best.