Divorce is not always the answer to a couple that finds themselves in a rough patch in their marriage. The fact is, sometimes you don’t want to get divorced, but you don’t want to live with your spouse. It may be for religious reasons, because of the children, or even due to taxes, but no matter what the reason is, a joint separation may be right for you. Here are three times a legal separation may be advantageous.
Some religions forbid divorce, and a divorced person could become excommunicated or ostracized from their church. So, if your partner is amicable to staying married, but living apart, why not find a firm specializing in family law Wildwood Missouri, that can draft a separation agreement. The agreement would allow you to live independently from your spouse, but still remain part of your religious congregation.
Staying married can allow a working spouse to continue to provide both parties with insurance coverage. Private insurance benefits for the non-working spouse end when a divorce occurs, and if either party is in the military, benefits are only available after 10 years of marriage. For this reason, it is often beneficial to stay married until a solution to the insurance problem can be found, or the 10 years of required marriage is reached. Another 10-year marriage requirement can be found when seeking Social Security benefits, so again the possibility of staying married rather than divorcing can be a big benefit.
The length of time required for a couple to officially and legally separate before a divorce is permitted can vary between states, but the standard is typically a year and one day. For many couples, the legal separation agreement can provide proof the state’s requirement was met. The agreement can also protect both parties during the year of separation from trying to nullify the agreement if sexual relations occurred between them or both parties lived under the same roof for a short time. The agreement can become evidence of the desire of both parties to make their separation legal and binding.
Just as the reasons for legal separation can vary between couples, so can the provisions of the legally binding document. If you have any questions about the advantages of legal separation and how they can affect you, your children, or your property, contact an attorney to discuss possible provisions with him or her. A separation can allow you to live your own life but retain the advantages of marriage.