Legal Separation is a process in which one or more of you are getting a divorce from your partner. It can take quite some time to finalize this process as it involves many legalities. It may also not be possible for all parties involved to complete the legal proceedings in a timely manner. This is why couples may choose to go through with legal separation instead. a legal separation gives a third party the option to separate legally from one or both spouses.
Legal separation also provides an option to remain single. Both legal separation and full divorce instances will go through similar legal procedures of the legal division of property, custody, and financial support obligations. However, at the very end of a legal separation proceeding, the divorced couple is still legally together. If you are considering going through with a legal separation in order to remain legally married, there are several disadvantages that you should consider.
A major disadvantage to a legal separation is that it does not provide an opportunity for the spouses to make any changes or modifications to the property division. During a full divorce, you and your spouse must work out an arrangement for partition of the assets. The divorce decree can state what percentage each party will share in the various assets. For instance, in a divorce where one spouse receives half of the assets, then that spouse must divide up the remaining assets equally. The legal process for such a situation can be quite complex and lengthy. Because of this, often times people are unable to settle their matters in court and must file for a legal separation instead.
Another disadvantage to legal separation is that you and your spouse cannot have a civil ceremony. You cannot marry someone of the same sex, enter into a same sex marriage, or adopt a child if you have a divorce judgment against you. This essentially limits legal separations to those situations where there is no likelihood of remarriage or adoption. In many cases, this disadvantage can be overcome by amending the divorce decree to include language that allows for legal separations.
A final legal separation advantage is that the courts cannot force you to pay alimony. Although in the past a judge may have ordered certain parties to pay spousal support, the courts have consistently ruled that they cannot mandate who pays what. Alimony is considered to be an elective or discretionary duty, which means that it is the Court's responsibility to decide whether or not to grant a divorce. If one spouse refuses to pay, then the Court has the authority to require maintenance. This is yet another disadvantage to a legal separation.
As you can see, although there are some disadvantages to a legal separation, there are also several advantages. The most important advantage is that the courts cannot dictate who you should live with during a full divorce. For this reason, many choose to remain married rather than get a divorce. Many couples remain married and continue to communicate after a separation, or they even decide to get a divorce and start over. Although this may not always work out, it can give you the opportunity to start fresh with your finances and know exactly where you stand. While the disadvantages to a legal separation are real, they pale in comparison to the many advantages of getting a divorce and starting over.