Why Do Some People Choose a Legal Separation Over a Divorce?


The decision to get a divorce from your spouse is one of the most life-changing things you can ever decide to do. For many people, it is the pathway to a brighter future. But for others, divorce seems almost too final and definitive. If you are facing similar circumstances, a legal separation may be the best option for you. Legally separating from your spouse has numerous benefits that divorce simply doesn't offer.

The Benefits of a Legal Separation

Legal separation is an alternative to divorce that allows you and your spouse to remain married yet live separately. Spouses can then choose to fill out a separation agreement, which may serve as the framework to your divorce should you decide to pursue one.

A benefit for some couples falls under religious reasons. If divorce is against your religion, getting legally separated can be a more appropriate way to live apart from your spouse. Another key benefit is the ability to think about whether you truly want a divorce and make a decision on your own apart from your spouse.

Additionally, legal separations can also present financial advantages, as well. Couples who legally separate can deduct spousal support and continue sharing the same insurance benefits. Some individuals may even receive social security benefits if they've been married for a certain length of time.

What does a separation agreement include?

While a separation agreement may just seem like one more thing to fill out, it can actually be quite helpful in the long-run. This agreement addresses issues like where the children will live, living expenses, the management of assets, and property division.

Creating a separation agreement now can save you time at the end of your legal separation, if you decide divorce is something you're interested in. It is also helpful for any disagreements that may arise while you and your spouse aren't living together.

It all comes down to choosing the option that is best for you. Sometimes this decision can be difficult to make on your own, which is why our firm exists. The Martinelli Law Group takes pride in helping individuals reach satisfactory decisions and may be able to do the same for you.

Schedule a free consultation today to receive personalized legal counsel from our talented Santa Clarita divorce attorney!