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What to Consider When Deciding Whether to Get a Legal Separation or a Divorce

Last updated 5 years ago

With the current economic downturn, many couples that want to dissolve their marriages struggle to decide how they can legally move on with their lives while still remaining in good financial standing. Each case is different, so it’s important to consult with an experienced divorce lawyer. To get started, take a look at this guide to the financial implications of legal separation and divorce:

Health Insurance Plans

A legal separation agreement is a legally binding pact between a married couple to resolve financial issues including child support, spousal support, and the division of assets and debt. In amicable splits, one major reason some couples choose legal separation is so both parties can remain on a single health insurance plan. If one spouse is unemployed or underinsured and has a serious illness, health care costs are a major concern.

Tax Benefits

Married couples have many government financial incentives to stay married. But while many couples assume that they will save money by filing joint tax returns, federal tax law can be complicated, especially when it interacts with unique state laws governing divorce and separation. Your attorney can help you decide what is in your financial best interests.

Pooled Resources

Couples with children often find it more affordable and convenient to remain in the same household or share resources. For example, some former spouses establish separate areas in the same house.

Additional Concerns

Of course, couples have a wide range of reasons why they might opt for legal separation over divorce, and not every rationale is financial. If you are considering filing for legal separation or divorce, it’s important to speak with a family lawyer who will look out for your best interests.

For an established and caring family law office in San Jose, contact Moreno Family Law. Our team of family lawyers will do everything in our power to help you and your former partner achieve an amicable financial settlement and work out tough issues of child custody. To learn more about divorce and your finances, call our office today at (408) 266-9011.


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