Legal separation is an alternative to divorce, offering the disputing spouses space, security, and time to evaluate their marriage. Although not a surefire precursor to divorce, like divorce, legal separation also requires a court order. To seek a legal separation, married spouses must live apart and address parental responsibilities, child support, and spousal support. Divorce can be emotionally strenuous and financially draining. Legal separation might be a viable solution as it can prepare families for the finalization of divorce or give them a chance of reconciliation.
Similarities and Differences between Legal Separation and Divorce
In a legal separation, all assets and debts accumulated after the separation are non-marital, but benefits like health insurance are still shared. Legally separated spouses are granted the liberty to assess their marital strife peacefully. Legal separation can be temporary as there is always a possibility of a reunion. Separated spouses are still technically married.
Divorce ends a marriage. Marital property is divided, and shared benefits are terminated. Divorce is final, and contested ones can be acrimonious and prolonged in courts.
Ten Benefits of a Legal Separation
- Legal separation can have many advantages, including:
- Legal separation serves as a respite of contemplation before the parties decide to reconcile, divorce, or remain legally separated.
- Once a legal separation is attained, all debts and assets accrued after the separation are non-marital property.
- Legal separation entitles the dependent spouse to pension and social security payouts and health insurance that would otherwise expire after a divorce.
- Legally separated couples are still qualified for marital tax breaks.
- The legal separation decree will help expedite divorce proceedings.
- If religious beliefs or cultural traditions deter divorce, legal separation could be a suitable recommendation.
- Legal separation may be an economical and practical solution for those with complex finances and family businesses.
- Transitioning to divorce after a legal separation may minimize the complexity of the divorce proceedings.
- Children may more easily adapt to their new circumstances as legal separation is not as final as divorce.
- Legal separation may gives families hope for reconcilation.
Contact a Chicago, Illinois Legal Separation Lawyer
At The Law Offices of Curtis Bennett Ross, L.L.C., family law attorney and registered CPA Curtis Bennett Ross is proficient in the complexities of legal separation matters. Along with his team of professionals, Curtis Bennett Ross is sensitive to the needs of separating families and tailors each case, advocating for a fair and favorable resolution. Whether your legal separation proceeds in divorce or reconciliation, The Law Offices of Curtis Bennett Ross, L.L.C. will be with you and your family every step of the way. For a free consultation, contact our Cook County family law attorney at 312-984-1514.
Source:
https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K402