Should I Consider Legal Separation Instead of Divorce?

 Posted on December 18, 2024 in Divorce

In a legal separation, you make a lot of the same agreements you would make in divorce. However, with a legal separation, you remain legally married. A separation agreement can help you divide marital property, make a child custody plan, and settle family support obligations. Spouses who separate and then go on to get divorced in the future often convert their separation agreements into divorce agreements with few or no changes. However, you could also very easily return to living together as a married couple and it would be as if the separation never happened. You may also enjoy tax benefits that come from filing as a married couple if you so choose. A McHenry County, IL legal separation lawyer can represent you while you are creating a separation agreement.

Who Legal Separation May Benefit the Most 

A lot of different spouses could benefit from legal separation for a lot of different reasons. If you are considering legal separation, you should speak to a lawyer about how choosing to separate over getting divorced would affect your legal rights and options. Legal separation may be especially helpful for married couples with the following situations: 

• Cultural or religious beliefs against divorce - If you do not believe in divorce due to cultural or religious convictions, legal separation can be a way for you to live apart from your spouse with many of the protections of divorce, but without getting divorced.

• Your separation may not be permanent - If you and your spouse will be living apart for a while but are leaving open the possibility of returning to your marriage, a legal separation can protect your interests during the time you are apart. For example, if you are splitting up to pursue separate life goals but believe you may want to live as a married couple again in the future, a separation agreement can help protect you during the time you are apart. If you instead decide to divorce, having a separation agreement can make that process easier.

• Reliance on benefits - If one of you is reliant on the other’s health insurance, or being married enhances other benefits, it may make financial sense for you to get legally separated instead of divorced. This arrangement tends to work best when the parties are amicable.

• Special family situations - In some cases, the family’s circumstances make legal separation preferable. For example, if you and your spouse plan to continue living in the same house to facilitate caring for your severely disabled child, getting a separation agreement may make more sense than divorce, financially and otherwise.

Contact a McHenry County, IL Legal Separation Attorney

The Thomas Law Office can help you decide whether to pursue a divorce or a legal separation. Experienced Carpentersville, IL legal separation lawyer Colleen Thomas will work to protect your interests throughout your proceedings. Contact us at 847-426-7990 for a confidential consultation.