Understanding Legal Separation
Sometimes legal separation will be the best choice for you and your family. Separation is different from divorce, which about 40% to 50% of married Americans go through. What should you know when considering legal separation?
A legal separation has similar processes to filing for divorce. A court will help decide legal possessions and child support. Unlike in a divorce, you may still be covered under your spouse’s health insurance.
You can still be an inheritor and be considered the next of kin for your spouse. You are still entitled to your spouse’s social security or pension benefits.
Separations usually occur between two people who are in mutual agreement about their situation. This makes any decisions regarding property and children much easier. They are far less contentious than divorce proceedings. Once legally separated, you are not considered single, nor are you considered married. Any debt after separation is your sole responsibility and any new property bought is your own property. You may not be married while legally separated.
Before moving forward make sure this is the right decision for your family. It is important to speak with a family lawyer or separation attorney when seriously considering separation or divorce.