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Is a legal separation the right choice for me?

On Behalf of | Apr 12, 2019 | Divorce |

If you are having difficulties in your marriage, you and your spouse may have decided to go through a trial separation for some time. This can be very beneficial to some couples because it allows them time and space to regain mental clarity. In many circumstances, it helps couples to work through their problems, but in others, it confirms that separation is a good idea.

If you and your spouse decided that a separation works for your situation, you will probably want to get the separation confirmed legally. Some couples decide to go through a divorce, but others would prefer not to do this for either religious or financial reasons. In this situation, they may go through a legal separation instead.

What are the financial benefits of legal separation in comparison with a divorce?

Legal separation is similar to a divorce in the sense that property rights will be divided, and spousal and child support orders may be put in place. However, legal separation means that you will technically remain married, and this can bring certain tax benefits.

Can a legal separation be reversed?

Unlike a divorce, a legal separation can be easily reversed if the couple decides that they would like to reconcile. A legal separation also prevents either spouse from remarrying legally. This is why legal separation is a popular choice among spouses who do not want to go through a divorce because of their religious beliefs.

If you want to gain legal recognition of the separation between you and your spouse, but you are not comfortable with the finality of divorce, a legal separation may be the best option for you.

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St. Louis County Bar Association
Illinois State Bar Association
LEX | The Missouri Bar