Benefits of Legal Separation
Couples who find it impossible to live in the same household but have an interest in maintaining their married status can file for legal separation. The dedicated legal separation lawyers at Jean M. Mahserjian, Esq., P.C., draft legal separation agreements that protect our clients’ interests during the period of separation and work as a blueprint for a divorce agreement, should that next step be taken. Here is some important information on the benefits of legal separation in New York State.
Benefits of Legal Separation | Difference from Divorce
It’s crucial to understand the importance of your legal separation agreement. When a couple lives separately, they are faced with the same issues that must be confronted during divorce: child custody, visitation and support, spousal support, and control of and responsibility for assets, including the family residence. These issues must be decided, or the peace of mind you’re seeking through separation will quickly be lost. Additionally, courts tend to favor separation agreements in divorce proceedings. After all, if something has worked for a year or so, why change it? So, if you negotiate your separation agreement half-heartedly, you may find yourself disadvantaged in the divorce decree.
Benefits of Legal Separation | Examples
Couples contemplating divorce should be aware of the advantages of filing for legal separation first. A legal separation:
- Provides spouses with time apart, to decide whether divorce is appropriate
- Allows spouses to remain covered under family health plans
- Provides a remedy to marital discord for people whose religious views reject divorce
- May permit military spouses to remain married long enough to qualify for benefits under the Uniformed Services Former Spouse Protection Act
- May allow spouses to remain married for the 10 years or more necessary to qualify for certain Social Security benefits
- After a year of separation, allows a spouse to file for New York no-fault divorce
If you are interested in filing for legal separation, please contact our experienced Saratoga legal separation lawyers today to schedule a free consultation.