What benefits does a legal separation offer?

On Behalf of | Dec 31, 2019 | Divorce |

When a marriage starts to break down, couples can either choose to work on their relationship or end it by filing for divorce. Choosing divorce could lead to a long and costly legal battle. Fortunately, filing for legal separation is another option. Selecting this option means you will remain legally married to your spouse. Because both spouses are still legally married, they each continue to receive benefits.

Three reasons separating might be the answer

Deciding to take this route, could save you thousands in attorney and court fees. Other benefits of legal separation include:

  • Social security payments: If you and your spouse were married for ten years or more, you might be eligible to receive social security payments. One exception to this law is that if you have remarried, you are no longer qualified for this assistance.
  • Healthcare coverage: Because you and your spouse are only legally separated, you have the option to stay on their healthcare plan. This is dependent on how the spouse’s health plan handles separation, though. The health plan may not provide coverage for legally separated spouses.
  • Tax breaks: Depending on which state you live in, you might be able to file your taxes jointly with your spouse. It could be beneficial to seek out the help of an attorney to determine if filing together is the best option for you.

No matter what your reason is for legally separating, there are many positives to choosing this option. If you have any uncertainties or questions when making this decision, consider speaking with a family law attorney. They will have knowledge of the complex laws surrounding separation.