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Much like divorce, couples who pursue legal separation must divide their marital assets and implement custody arrangements if they share children. However, while these terms are sometimes used almost interchangeably, the similarities essentially end there. Divorce dissolves a marriage, but legal separation doesn't, which offers the following benefits.

What Are the Biggest Advantages of Legal Separation?

1. Financial Security

If you remain legally married, you can reap all the financial benefits that come with this status. For example, you and your spouse can still share health insurance and take twice as many deductions at tax time. Remaining married for an extended period—typically ten or more years—may also allow you or your partner to qualify for a portion of the other's retirement pension or Social Security benefits.

2. Religious Compliance

legal separationIf your marriage is no longer working, but your religion prohibits divorce, pursuing a legal separation may be the answer. Separating from your spouse without actually divorcing them will allow you to retain your marital status, protecting your position in your religious community.

3. Simplified Proceedings

Dissolving a marriage is inherently stressful, especially if you share children or significant assets. However, finalizing a legal separation can be relatively straightforward. As long as you and your spouse are willing to compromise, you may be able to implement all the necessary arrangements without having to go to court. Also, if you decide to get divorced later, you’ll only need to take a few additional steps to convert the separation agreement into a divorce agreement. 

 

If you’ve decided to pursue legal separation, turn to Fulcher Law Firm in Albemarle, NC. For more than 20 years, this full-service practice has helped clients throughout Montgomery and Stanly counties navigate complicated family law disputes, including child support, custody, alimony, and domestic violence. To request a consultation, reach out on their website or call (704) 984-6060.

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