Why Some Couples Choose This Alternative To Divorce
July 6, 2022
Tags: divorce vs. legal separation, legal separation ny, li divorce mediator, li divorce paralegal
Mostly everyone knows what divorce means: the ending of a marriage, resulting in two legally single individuals. Things are a little more complex regarding legal separation, and there are a few common mistaken beliefs about what it entails.
What Does Marriage Affect?
The biggest difference between divorce and separation is that when you legally separate from your spouse, you are still considered married in the eyes of some agencies. That means legally separated couples still have many shared health, financial, and personal factors. Here are some examples:
- Taxes: When you’re married, you can file income taxes jointly.
- Property Rights: In New York, any property in your name that was acquired before marriage is generally yours. However, any property purchased as a couple with both of your names will be fairly divided in divorce.
- Health Insurance: A separated spouse may still be covered under the other party’s health insurance plan after divorce in New York. But you and your ex will need to come to an agreement over who will pay for health insurance.
- Relationships: You cannot legally marry again if you’re already married.
- Debt: When you are married in New York, both parties are responsible for each other’s debts that were obtained during the marriage.
- Advanced Directives: Spouses can make important health decisions for each other when one is incapacitated.
Why Choose Legal Separation?
A divorce is a valid option for spouses who prefer to settle all issues with their ex completely. But this doesn’t work for everyone. Here are some of the potential advantages of choosing legal separation:
- Shared Insurance: Some couples decide on legal separation to take advantage of shared health insurance benefits. This can be particularly beneficial when one spouse has a disability or illness.
- Religious Rules: Marriage is deeply ingrained into the ideologies of some religions. As a result, some religious couples may choose to uphold the marriage and separate instead.
- Tax Advantages: When the couple shares deductions, it might be beneficial to stay married since you can still file jointly when you’re separated.
- Shared Finances: When it comes to large purchases such as cars and homes, it’s often easier to get the type of financing you’re seeking when you can combine your income on the application. Some couples opt to avoid divorce to take advantage of this benefit.
No matter what you decide, choosing divorce or legal separation must be a mutual decision between you and your ex. Once you know all the facts, you can make the decision that works best for you and your family.
Disclaimer: please note that this article is not legal advice and should be used for informational purposes only. If you need legal advice you should retain an attorney licensed in your jurisdiction. The opinions expressed in this guide are solely those of the author, who is not an attorney.
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