What are the reasons to choose a legal separation instead of a divorce in New York?

Brooklyn, NY – It is possible for couples in New York to technically remain married, but live separately and agree to certain terms regarding their relationship. This is done for different reasons by couples, but all will likely receive some kind of benefit from remaining married. Some common reasons for this arrangement include religious beliefs, financial reasons, insurance coverage, and as a middle step towards a divorce. Most family law firms who file divorces for couples can also guide them through the process for a legal separation.

Religious traditions

Some religions look at divorces unfavorably. A couple may choose a legal separation as a way of avoiding consequences from others in their community and maintaining personal integrity. A legal separation can accommodate most of the practical concerns that a divorce handles such as finances and child custody, but the couple is still technically married by law.

Simplifying a later divorce

When a couple makes a formal court filing for a legal separation, they will normally have a settlement agreement that is similar to the one that the parties can sign during a divorce. This is crucial because a divorce where a couple agrees on things like property division and how much time each will have with their children can navigate the process much more quickly and easily. The practical matters of each spouse’s unmarried life should be sorted out as well, as the couple will probably start living separately before the divorce is finalized.

Insurance purposes

As long as the couple is still married, there are insurance benefits that can cover both spouses. This is common when one working spouse receives health insurance from their employer, especially considering the high costs associated with healthcare. It may be more cost effective and convenient for the couple to remain married for a certain length of time to save money on insurance and remain covered.

Taxation issues

Married couples can file taxes jointly, which has many financial benefits. The total tax burden on married individuals also tends to be lower than if they filed as a single person. For these reasons, a couple can be legally separated but still retain the tax benefits of being married by law. Any specific questions about filing should be directed to a tax professional or lawyer.

Brooklyn divorce lawyers

Elliot Green Law Offices is a firm that can provide guidance throughout a divorce and related issues such as child custody hearings. Representation from an attorney is crucial for anyone who is going through the process to end their marriage.

Firm contact info:

Elliot Green Law Offices

32 Court Street, Suite 404, Brooklyn, NY, 11201

718-260-8668