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Are There Financial Benefits to Legal Separation vs. Divorce?

Legal Seperation

If you feel the relationship with your partner is doomed, divorce is not your only solution. In fact, legal separation – known as “conscious uncoupling” with the hip crowd – is becoming more and more popular.

An article in Forbes magazine looked at the financial implications of legal separation and divorce. We’ll discuss those findings here.

Defining Legal Separation in California

Simply put, a legal separation formalizes a marriage parting without the conclusiveness of a divorce. Because California is a no-fault state, the grounds for legal separation and divorce are the same.

One major filing difference between the two is the requirement for living in the state for six (6) months before filing for divorce. With legal separation, there is no such residency requirement.

Reasons for Filing for Legal Separation

Among the more common reasons for opting for legal separation are:

  • More time so that the six (6) month residency requirement for divorce can be reached
  • Religious beliefs about couples staying together legally can be upheld
  • Time allowed for both partners to think things through separately and reconcile, if desired

Financial Benefits of Legal Separation

In addition to the possibility of saving the marriage, there are financial reasons to opt for legal separation. These include:

  • Allowing partners more time to reach the 10-year requirement for having access to their partner’s Social Security benefits
  • Enabling you to continue to be covered by your partner’s health insurance benefits if needed
  • Being able to continue to take advantage of tax benefits of filing jointly, such as preserving the marital deduction
  • Continue to be eligible to receive partner’s military benefits, if applicable

Want More Info About Legal Separation? Call The Men’s Legal Center

It’s key to remember that filing for divorce and filing for legal separation are both processes that should be undertaken only with the guiding hand of a lawyer skilled in California law.

If you’re a man thinking of divorce or legal separation, skilled legal representation is essential in making sure your rights are protected.

Get in touch with us here at The Men’s Legal Center by calling (619) 234-3838 or reach us by email.