Many people wonder if they should consider legal separation before divorce.
If you or your spouse aren’t sure that you want a divorce but feel that some legal space is required to think things through, filing for legal separation is a good option. It is a much softer option, one that doesn’t close the door on reconciliation. You can still get court orders for custody and visitation by obtaining a legal separation. Legal separation also allows you to be granted child support by the court.
Some financial reasons to consider legal separation:
If a non-employee spouse has a pre-existing condition or for some other reason will not be able to get medical insurance, some plans allow you to keep a separated spouse on the employee spouse’s health insurance. You can obtain this by legal separation.
To remain legally married until the ten-year deadline for certain Social Security benefits.
To remain legally married until the ten-year deadline for military pension enforcement advantages or a twenty-year deadline for PX and commissary benefits.