The answer to this question depends on the individual situation. To understand the best option, it is important to understand the difference between separation and divorce.
A divorce legally ends a marriage. Spouses will return to unmarried status. Separation is when couples no longer live together but can keep their married status. During a separation, things are still filed in the court and an agreement is signed regarding child custody and support, if applicable, alimony, and asset distribution.
Here are some benefits to separating rather than filing for divorce:
- You aren’t positive that you want to end your marriage
- Religious institutions frown on divorce and this allows you to stay married while living separately
- You can still receive a spouse’s health insurance
- You can file taxes jointly
- Remaining married for 10 years or more qualifies spouses for certain social security benefits
If you are not sure whether a separation or divorce is right for you, contact an attorney to discuss your options.
