What Makes an Alternative Attractive
For those considering divorce but are unsure if it is the best option, legal separation provides an alternative. Legal separation gives a couple some of the similar results of divorce while keeping them legally married, but there are other benefits of legal separation that do not come with divorce.
Maintain Financial Benefits
One of the biggest financial benefits that a couple loses when they get divorced is the ability to file their taxes jointly. Filing a joint tax return when married can ultimately reduce a couple’s tax liability through an increased standard deduction, as well as different tax brackets from single individuals. By choosing legal separation, you and your spouse can maintain this important tax benefit, as you will remain legally married despite your separation agreement.
Maintain Insurance Benefits
In addition to the tax benefits of legal separation, many choose this option because it enables a party to remain on the other’s health insurance coverage. While someone can enroll in coverage after getting a divorce, that can come at an increased cost through medical insurance premiums; in addition, unless there is a special enrollment period, you may have to wait until open enrollment begins. Legal separation removes all of this headache by enabling parties to remain on a spouse’s insurance until the couple gets divorced.
The Possibility of Reconciliation
Many couples who get a legal separation may find themselves reconciling their differences with their spouse and choose to remain married. To do this, they can simply begin cohabitation with one another, while a couple who reconciles after a divorce must get married again.
Option for Couples of Certain Beliefs
Some people choose to avoid divorce as an option altogether for various reasons; for example, they may share certain religious beliefs that don’t allow for divorce to be a viable option. Legal separation allows couples with these views to work on their relationship without getting a divorce.
Consult with a Memphis Divorce Attorney
If you are unsure of whether divorce or legal separation is the right move for you, be sure to consult with an attorney who can give you the best guidance. At Dowden, Worley, Jewell & Olswing, PLLC, whether you file for divorce or choose to get legally separated, we can help you navigate the process to begin the next chapter of your life.
Get in touch with our Memphis attorneys today at (901) 295-4635 or by visiting our website.