Legal Experience And Local Knowledge
  1. Home
  2.  » 
  3. Divorce
  4.  » Why do some couples choose separation instead of divorce?

Why do some couples choose separation instead of divorce?

On Behalf of | Mar 6, 2024 | Divorce |

You may have heard of people around you or celebrities who live apart but are still married. Why would a couple go through a legal separation but not file for divorce?

Here are four common reasons:

To ascertain if they want a divorce

A significant percentage of divorced couples were legally separated at some point. Dissolving a marriage is a sensitive decision that can often result in regrets. For this reason, some people opt to take some time apart to determine if they want to reconcile or move forward to a divorce.

During the separation, each party can assess if they can permanently live without the other.

Financial reasons 

Divorce can be expensive, depending on the circumstances surrounding it. Some people choose to legally separate until they can raise enough funds to go through a divorce.

Debt is another financial reason that can make a couple legally separate instead of divorce. A couple may want to pay off any debt incurred during the marriage before filing for a divorce.

Tax purposes

Filing tax returns as a married couple is renowned for being more manageable, and parties are usually eligible for tax deductions and credits. Filing as a single person, which is the case after a divorce, can be more complicated and costly. Staying legally married for tax purposes is not uncommon among couples with high net worth. 

Eligibility for health insurance coverage

Some couples remain legally married for insurance purposes. For example, if one spouse has a good insurance policy that considerably covers the other, they may stay legally married to maintain eligibility. 

If it’s possible for you and your spouse to legally separate, consider legal help to draft a separation agreement that will protect your interests.