Most couples struggle with one another over the course of their marriage. When the struggle becomes too much to handle, you might find yourself looking for solutions, including divorce.
Before you settle on the finality of divorce, it may be to your advantage to consider the option of legal separation. In Colorado, those who choose separation typically do so for a handful of reasons. We will cover five of those reasons here.
It’s important to know that once a divorce proceeding is finalized, your marriage (and all of the things to which you are entitled when you are married) is terminated. With legal separation, however, you are still married in the eyes of the law, even if you live separately and have divided your assets and liabilities.
ONE SPOUSE WILL LOSE INSURANCE
If one spouse is providing healthcare coverage for the other, legal separation may be a better option than divorce. Finalizing divorce proceedings would sever the legal relationship, thereby requiring one spouse to seek out and purchase their own insurance.
ONE SPOUSE WILL LOSE FINANCIAL BENEFITS
Legal separation might be the right choice if one spouse is about to qualify for benefits such as Social Security. One spouse being in the military would be another common situation. All such benefits are lost under a divorce.
YOU HAVE RELIGIOUS HESITATION TO DIVORCE
Many systems of faith discourage their followers from getting divorced. If one or both spouses do not wish to aggravate their moral or spiritual boundaries, a legal separation may be the best option.
SIGNIFICANT FINANCIAL PENALTIES MAY APPLY
One of the most common reasons that couples choose legal separation over divorce has to do with the entanglement of their financial accounts. Divorce can permanently alter the tax status of one or both parties. To avoid significant tax penalties, it may be advantageous to go the route of legal separation for now.
SEPARATING JOINT FINANCES IS DESIRED
One spouse may have difficulty with reckless behavior when it comes to family finances. Where careless mismanagement of the marital financial resources is at play, legal separation my be an option for couples hoping to reconcile in the future.
If you wish to explore whether a trial separation or perhaps even divorce is the right option for you, we encourage you to meet with a qualified mediator who can help guide you through all of the considerations. Since many of the reasons people opt for legal separation involve marital finances, it would be wise to find a mediator who holds certifications for financial planning. Denisa Tova, a highly experienced mediator and certified divorce financial analyst will answer your questions to help you decide if legal separation or a trial separation is the right fit for you. your free phone consultation.