Realizing that you and your significant other are having problems can be a painful realization. Deciding your next steps is very important. You need to make sure you take the proper steps to protect yourself, but you also may not be willing to make such an irrevocable decision as a divorce. For some, a legal separation is beneficial. You may first want to consider the disadvantages of legal separation in California before deciding if it is right for you.
What Is a Legal Separation?
A legal separation is a formal agreement decided on by both spouses in which they agree to stop living together while also following certain stipulations that are present in the separation agreement. Legally, a couple is still considered married as a legal separation does not end the marriage the way that a formal divorce would. Both spouses are still able to enjoy some marital benefits like health insurance or social security.
Sometimes, when a couple realizes they are having problems that could be somewhat resolved with some space, they may see a legal separation as a way to test the waters for a potential divorce. The same reasons many couples choose a divorce may be many of the same reasons that a couple would choose to legally separate. A legal separation follows similar procedures for a divorce but leaves room for the couple to reconcile their differences.
What Are the Disadvantages of a Legal Separation in California?
Deciding to get legally separated instead of divorced can have its drawbacks for people who are seeking more of an end to their marriage than a trial run. It is important that you understand all the legalities and the consequences of choosing a legal separation. Otherwise, you could end up in a situation that can impact your finances or your future relationships. Here are some of the disadvantages of a legal separation in California:
- You are still married. In the eyes of the law in California, when you legally separate from your spouse, you are still technically married. Even though you and your spouse may be living in different places and are no longer together in every other way, your marriage is still intact legally. This means that neither of you is legally allowed to marry another person, and you will need to move forward with a divorce if you want to.
- Inheritance. If you were to die while you and your spouse are legally separated, your spouse may still be entitled to inherit your assets if you do not have an estate plan in place that specifically prohibits them from inheriting from you. They may be able to receive a portion of your estate or even your retirement savings. In a divorce, spousal property rights are finished as soon as the divorce is finalized.
- Joint accounts. When you are legally separated, your finances may still be entangled with your spouse’s, resulting in shared financial benefits and consequences. Your joint bank accounts and shared credit cards may still be accessible to both parties. You may end up accruing your spouse’s debt, which can hurt your credit score and impact your financial future. In a divorce, you may make a larger effort to separate your finances.
FAQs
Q: Does a Legal Separation in California Protect You Financially?
A: A legal separation in California can protect you financially. After filing for legal separation in California, you are no longer considered responsible for any new debts your spouse takes on. You can ask the judge to make orders about property division, spousal support, child support, and other financial responsibilities you wish to divide equally. A legal separation can include many different elements, but you may have to pursue them. They may not be automatic.
Q: What Are the Pitfalls of Legal Separation?
A: Legal separation may be the right answer for many different people, but it is not without its pitfalls. It won’t be for everyone, and it does have some drawbacks that divorce does not have. For instance, if you legally separate from your partner, you are still technically married. You will not be able to pursue a new marriage with a new partner until you have officially divorced your first one.
Q: What Is the First Thing to Do When Separating?
A: The very first thing you should do after you have legally separated from your spouse is to establish very clear and firm boundaries. You are both going to need space away from each other to consider the future and get used to a new normal. You should try your hardest to minimize conflict and navigate the situation with knowledge and logic. Don’t let emotions fuel your decision to separate.
Q: What Are the Benefits of Being Legally Separated?
A: There are many benefits to being legally separated that you cannot get from a standard divorce. To begin with, when you legally separate, you are still considered married. This means you will have access to certain marital benefits like social security, tax benefits, and health insurance that you would lose in a divorce. Being able to live separately and consider your options could provide you with clarity or perspective.
Reach Out to an Experienced Divorce Lawyer
Deciding to legally separate instead of a divorce could be a good thing for your relationship. Sometimes, being away from your spouse can allow you time to think and reflect on what you really want. Sometimes, that could mean reconciliation. Other times, it could mean divorce. If you wish to proceed with divorce, you may want to reach out to an experienced divorce lawyer. Whether you seek a divorce or a legal separation, you deserve the help of experience on your side.
The legal team at Drury Pullen, APLC, understands how difficult it can be to make the decision to separate or divorce. We can help you figure out your options, decide on what option works for you and your relationship, and make sure your interests are protected throughout this process. Contact us to speak with a valued team member about a possible consultation.