To continue with the concept of legal separation, which was discussed in my last blog, I will now discuss the financial benefits of legal separation versus divorce.
While I previously discussed the emotional aspects of choosing legal separation instead of divorce, there may also be financial reasons to choose a legal separation over divorce. For example, as a divorce lawyer in San Diego, I have had clients where the non-employee spouse has a pre-existing health condition or for some other reason will not be able to get medical insurance. There are some plans that allow you to keep a separated spouse on the employee spouse’s health insurance.
Additionally, certain Social Security benefits require spouses to be married for ten years. If a divorce judgment occurs before this ten year mark, then a spouse would not be eligible for these benefits. Therefore, legal separation is a good option so the couple can remain legally married until the deadline.
When there is a spouse who is in the military, choosing legal separation rather than divorce can help the couple remain legally married until the ten-year deadline for military pension enforcement advantages or the twenty-year deadline for PX and commissary benefits.
To inquire further about more specifics of legal separation, consult with a local family law attorney who can discuss this process as it relates to your specific situation. In San Diego, contact the Law Offices of Brian A. Victor for more information. www.brianvictorlaw.com
