When going facing irreconcilable differences, many couples assume that their only options are to muscle through the hard times or to file for divorce. Unfortunately, this assumption eliminates the other options that can help establish legal boundaries and space between a couple, while also making it easier to reverse the process should they be able to reconcile within the short-term. In this post, we’ll explore one of those options: legal separation. Cummings Law Firm is well versed in the terms of legal separation in Connecticut, and can help you file a separation agreement quickly should it be your desired course of action.
PROS OF LEGAL SEPARATION
ADHERENCE TO RELIGIOUS BELIEFS
Many people who choose legal separation over divorce do so because their religious beliefs forbid dissolution of the marriage. Unfortunately, spouses don’t always share religious beliefs, and in some cases where domestic violence is an issue, it simply isn’t safe to continue cohabitation. For those who find themselves needing to move away from their spouse, but unable to legally divorce them, legal separation is a structured alternative .
CONTINUED INSURANCE COVERAGE
Another reason some people choose legal separation over divorce is because it will allow their spouse and/or children to continue to enjoy health insurance benefits provided by one of the partners. This is common in marriages that are ending amicably or in relationships where one partner is suffering from a chronic condition that requires continued care.
TIME APART TO CONSIDER THE FULL IMPACT OF DIVORCE
Finally, some people choose legal separation over marriage simply because they want the time and space to determine whether or not divorce is really the right decision. When you’re living in the same house together, having the same disagreements day after day, it can be difficult to make any decisions with a clear head. Legal separation is a way to take some time apart with rules of conduct and obligation that are determined by the court.
CONS OF LEGAL SEPARATION
INABILITY TO NEGOTIATE FOR ASSETS DURING DIVORCE
One major problem that can arise because of a legal separation is the inability to change how property and assets are divided if divorce does become necessary. In some cases, the courts may decide that division of property will remain exactly as it was during the separation agreement. This is one of many reasons to make sure you consult with our divorce lawyers before signing any paperwork to this effect.
LOSS OF INSURANCE COVERAGE
One drawback of legal separation of which all couples should be aware is the possibility that your particular insurance company will treat it as a divorce. It’s up to the companies to decide whether or not they will continue coverage during a legal separation. Be sure to find out where your company stands before making a decision.
INABILITY TO LEGALLY REMARRY
Lastly, it’s important to point out one major difference between legal separation and divorce: when legally separated, you can’t get remarried. Even conducting another romantic relationship could leave you at legal risk.
Have more questions about legal separation? Contact Cummings Law Firm today.
