Marriage requires time, commitment, and energy to prepare for. It’s a time where couples strive to take their relationship to the next level.
However, people change, problems can develop, and expectations fall short, leading to discussions about the next steps towards a resolution.
Though it’s not what couples in loving relationships hope to hear, sometimes this next step involves talking about a possible legal marital separation or divorce.
This article encompasses legal separation vs. divorce and logistics in seeking out either option.
Difference between legal separation and divorce
What is a legal separation?
A Legal marriage Separation permits the parties to still be married, but the court order dictates the rights and duties of the couple while living apart. Legal separation does not always end in divorce.
What is divorce?
Divorce is a legal action that spouses take to terminate their marriage relationship.
Legal Separation: While filing for separation may not be the final stage for some spouses, there are also several financial benefits that follow along with this decision.
Even if you file for separation, you can still be legally married while living apart, meaning you can enjoy the numerous financial benefits of being married. Tax benefits potentially include:
⦁Filing jointly and continuing to preserve the marital deduction for estate planning.
⦁Payments for spousal support on tax returns can be deducted
Other benefits include spousal support, health care, legal assistance, and retirement pay.
Couples can utilize a Separation Agreement without having to hire an attorney for long periods of litigation, which can result in high fees.
In short, a legal separation gives couples time to discuss how their shared property and finances will be handled while retaining the financial and tax benefits of being married.
Divorce: The divorce option is viable if couples decide they wish to end their relationship permanently and be financially independent of each other.
While a legal separation technically has more financial benefits, being legally divorced does not mean you would be completely devoid of such benefits.
By divorcing, individuals can save thousands of dollars on their annual taxes by avoiding Alternative Minimum Taxes that restricts the number of tax reductions married couples can use.
In terms of medical care, seniors are increasingly filing for divorce in order to more easily qualify for Medicaid (because qualifying for it is based on the financial situation of both spouses), in order to get affordable access to nursing homes.
Lastly, under some circumstances detailed in this article, some couples may increase their social security benefits if they decide on a divorce.
How does the state handle the proceedings?
Legal Separation: From a state level, they can either require a legal separation, recognize a legal separation but not require one, or neither require nor recognize a legal separation.
Therefore, be sure to check your state law to see what the requirements are for a separation.
Divorce: Specific requirements can vary from state to state. It’s advised to consult with a qualified legal professional in your state to be informed of the stipulations.
What do you need?
Legal Separation: While a Separation Agreement is not legally required, an agreement can facilitate the process of confirming tax, legal, and financial details leading the separation.
It identifies the parties, residency requirements, the children, assets and debts involved, spousal support, and notarized signatures.
Divorce: A Divorce Agreement, or Marriage Settlement Agreement, is used when the couple has agreed on all the issues and decided on how to split their property, control, and custody of any children.
You may finalize your divorce settlement agreement either before or after you file for divorce.
This document can be enforced should the other spouse fail to hold up to their agreement and can also aid the process when presenting the case to Court.
It is highly recommended you have an attorney prepare and review the agreement for you.
You will also need to provide documentation of your assets to your divorce attorney during the process: income, real estate, savings and checking accounts, life insurance, debts, pension funds, and automobiles.
If you feel disconnected or frustrated about the state of your marriage but want to avoid separation and/or divorce, the marriage.com course meant for married couples is an excellent resource to help you overcome the most challenging aspects of being married.
Rachael Pace is a noted relationship writer associated with Marriage.com. She provides inspiration, support, and empowerment in the form of motivational articles and essays. Rachael enjoys studying the evolution of loving partnerships and is passionate about writing on them. She believes that everyone should make room for love in their lives and encourages couples to work on overcoming their challenges together.