You have come to a situation, where living with your spouse under the same roof, is not possible. Or, you are absolutely sure that you need a separate emotional and physical space from your spouse. The underlying fact is that you and your spouse are not yet, sure about divorce.

It is healthy and beneficial for all to avoid taking rash decisions. Both can take some cooling off time and rethink about your future. This is where legal separation comes handy. You can get good experienced family lawyers, to help you take informed and wise decisions. Law firms like those run by Amanda Cook, helps you in this decision making.

When do you need it?

Every marriage comes with its own set of obligations. The bigger question that gets resolved is whether you both want to share your life together. Only then, you need to go into a legal written agreement regarding, liquidation of joint assets, child support, child custody, insurance benefits, tax incentives etc.

Legal separation ensures that your marriage is still valid, even though you are staying apart. If in the end, you can terminate the marriage when things cannot be mended, then there is still a written agreement during legal separation, on how to handle the issues of assets, debts and child custody.

Advantages of legal separation

The concept of separation is increasing in popularity because of the benefits that it provides, until a decision on divorce could be taken by the couple.

  1. Health insurance benefits

Once divorced, one spouse will be dropped off from the health insurance provision of their ex-spouse’s employer. Legal separation can help you to benefit from the health cover. However, in few cases, the employer considers legal separation as good as divorce. So, you will have to know the rule of the company.

  1. Tax incentives

When you file for taxes together, you save a lot of money. But every state law is different. So, you have to be well-informed before making any decision. You have to understand both the state and federal law to know about the incentives.

In certain states, under the tax law, both legal separation and divorce, means you both are not married. However, some states do consider legal separation as still being married. Talk to your attorney regarding this.

  1. Social security benefits

If you remain married for 10 years or more, you can derive larger social benefits during retirement, through your ex-spouse. If you are a military spouse, then Uniformed Services Spouse Protection Act, can provide you with these benefits too.


Finances need not be the only reason for legal separation. For couples with religious differences or if one or both of you belong to a religion than has no place for divorce or lifestyle differences, then this could be a life saver. Ending a marriage is no easy task. You need to have a thorough discussion with your attorney before you make any decisions.

Leave comment

Your email address will not be published. Required fields are marked with *.