How to Decide if Legal Separation Is Right for You

Should You Pursue Divorce or Legal Separation?

Legal separation, while similar to divorce, has one blaring differentiating factor: Legal separation does not dissolve a marriage. While couples who are legally separated are still technically married, the process allows spouses to distance themselves. For many couples, it acts as a predecessor to divorce. However, for others, it’s a revitalizing break that allows the couple to reunite stronger after some alone time dedicated to personal growth. Consider these thoughts to decide if legal separation is right for you and your partner.

Can You Reach an Agreement?

Both spouses must agree to pursue a legal separation in California. Without the ability to reach such an agreement, a couple will typically have to file for divorce.

Do You Rely on Tax Benefits from Filing Jointly?

By remaining legally married, you and your spouse can continue filing jointly and benefit from federal tax breaks afforded to couples. If this financial advantage is significant for you and your partner, it may be worth pursing a separation rather than a divorce.

Do You Use Your Spouse’s Insurance?

Insurance is essential throughout the United States, with the absence of it leaving you vulnerable to a potential financially-ruinous disaster. If you rely on your spouse’s insurance plan, it may be worth maintaining the legal status of your union.

Are You Barred by Religious Obligations?

Divorce is a taboo pursuit in several religions, leaving many hesitant to formally dissolve a marriage. If you are opposed to a divorce, you may still benefit from a legal separation, which could afford you the distance from your spouse you may be seeking.

Is There Hope for Reconciliation?

If you and your spouse are simply going through a rough patch and are not yet convinced that you’d like to divorce, a legal separation may be the ideal solution. You and your spouse can seek out marriage counseling during your separation or take the time to do some individual soul-searching and discover what you need in a relationship that you were not getting before.