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What Are the Benefits of Legal Separation Over Divorce?

 Posted on May 10, 2024 in Divorce

IL family lawyerSpouses who do not want to live together anymore and need legal agreements regarding their marital property and children can choose between legal separation and divorce. Divorce is the more decidedly permanent option. Legal separation is more easily undone if the spouses choose to rekindle their relationship and start living together again in the future. Most of the decisions spouses would make during the divorce process will also need to be made during the legal separation process. If you choose legal separation, you will need to determine who should take possession of different types of marital property and create a parenting plan, much like you would if you got divorced. A Will County, IL legal separation lawyer can help you decide whether it is better for you and your spouse to divorce or to legally separate.

The Benefits of Legal Separation 

Depending on your unique situation and personal preferences, there may be some benefits to getting legally separated instead of divorced. A few reasons you may choose legal separation over divorce include:

  • Religious or cultural beliefs - People who practice certain religions or are from certain cultures may not believe in divorce. For these individuals, legal separation might provide a solution that respects their religious or cultural beliefs. By getting legally separated, you can set up the same kinds of legal agreements you would have if you got divorced, but without ending your marriage. 
  • Tax benefits - Since spouses who are legally separated are still legally married, they have the option of filing joint tax returns. Filing taxes as a married couple can be financially beneficial. 
  • Insurance benefits - If it is better for you to keep one spouse covered under the other’s health insurance policy or to maintain other insurance policies jointly, you may wish to avoid divorce. 
  • Ease of reversal - If you get divorced and wish to undo the divorce, you would have to remarry. However, having been divorced could affect issues like what is or is not considered marital property in the future, even if you get married again. If you get legally separated and decide to be together again, it is fairly easy to reverse the separation and go back to living as a married couple. 
  • Ease of divorce - If you do decide to get divorced after being separated for a while, you can easily use your separation agreements to create a divorce agreement. 

Contact a Naperville, IL Legal Separation Attorney

Law Office of Ronald L. Hendrix, P.C. can help you and your spouse choose between divorce and legal separation. Our experienced Will County, IL legal separation lawyers are skilled in mediation. Contact us at 630-355-7776 for a complimentary consultation.

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