Considering Separation Over Divorce

Divorces can seem so final because, for the most part, they are. It can be troublesome to stop a divorce once it starts and even more challenging to undo its effects once it finalizes. If you are certain that you need some time away from your spouse to settle your thoughts but are not certain you want to do so indefinitely, there is another way that is not necessarily as permanent as a divorce. You can create a legal separation agreement.

A separation agreement is not something that needs to be dragged through court but is rather a solution that you and your spouse draft together. Like a divorce, separation will allow you to live apart and keep your fair share of the marital assets. Even further, child custody and spousal support can be established. Indeed, separation is much like a divorce.

If it is so similar, why not just choose a divorce in the first place? Consider the benefits to legal separation compared to divorce:

  • Beneficial bonus: When you are divorced, you lose any tax or insurance benefits you collected when you were married. In a legal separation, you and your spouse can actually retain these breaks. This could wind up being a huge boon for your financial stability in many situations.
  • Freedom of faith: For many people, marriage is as beautiful as it is religiously sacred. To think about breaking that vow is unfathomable to their personal beliefs, and yet they know they are not happily married. Separation can be the solution to get the space they need without questioning their faith.
  • Debt division: Raising a child or just maintaining a healthy standard of living can be costly, especially in New York, and you might find yourself slipping into debt if you are going it alone. If you are divorced, that debt is all yours; if you are separated, that debt can actually be considered a marital asset and shared with your spouse.
  • Time to think: Some people consider divorce as a sudden, severe, and strict severance from their spouse. It can happen so fast, many divorcees are left with feelings of doubt. This is both understandable and largely preventable. By utilizing a separation agreement, you and your spouse can have a “trial divorce,” so to speak, in which you see what it is like living apart, and whether or not you really want that.

Do you have more questions about separation agreements? Do not be afraid to call (631) 880-6440 today and speak with a Long Island family law attorney from Hedayati Law Group P.C. Our friendly, compassionate, and experienced legal professionals would be happy to hear about your situation in a free initial consultation and help guide you from there!

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