Financial Aspects of Legal Separation
Unfortunately, there is a financial burden, to some degree, with all forms of divorce. There is a misconception that a legal separation is cheaper than a divorce. However, similar to divorce, a legal separation requires the hiring of an attorney and costs for court filing fees; court appointed experts, such as a custody evaluator, financial evaluator, or forensic accountant may also be necessary. This can range from a few hundred dollars to tens of thousands of dollars, depending on the complexity of your case.
In addition to the cost of litigation, there are also additional financial obligations related to a legal separation. For example, in my experience, it is more common for parties seeking a legal separation to need to move out of the marital home . Not only does this lead to the additional rent (or mortgage) payment on two homes, but it also requires one party to find a new place to call home on very short notice, which is no easy task.
There are also tax implications to living apart. For example, if you get a legal separation, you will no longer file your income taxes as married. When you file separately from your spouse, you will almost always pay more in taxes than if you filed jointly at the end of the year.
Moreover, most insurance companies will require that you as a couple file for a legal separation before they will allow you to divide your insurance policies. In other words, if you have insurance together, most insurance companies will require you to file for a legal separation before they will actually allow you to for example, move your car from your spouse’s insurance into your name.
Emotional and Psychological Challenges
At its core, a legal separation is ostensibly a way to surgically separate yourself from your spouse for the benefit of both of you and, by extension, your children. As the divorce progress begins, however, these same emotional reasons could easily decide to become the worst thing ever to happen to both of you. It is not uncommon for people to leave a spouse in search of space and time to determine what the best course of action might be. The simple act of moving out, away from the other spouse, will often increase the level of stress one or both parties experience. You have embarked on a whole new chapter in your life – for better or for worse. In most cases, the temporary interim period is highly stressful and typically full of uncertainty. Certainly, the path to divorce should be easier with the separation in place, which is part of the supposed benefit. However, the road to a divorce is hardly a straight line. Many couples find the prospect of living separate lives fraught with pitfalls. What happens if one party hits the Powerball? They may no longer need the house before the divorce is finalized, so what happens? What does the future hold for either of you? Or your children? Separation can only provide so much clarity before people realize that the process is as difficult, if not more so, than the eventual divorce. Moreover, the decision to live apart can create an immense emotional burden if it becomes clear that reconciliation may not be possible. What if you decide to become entirely self-sufficient, only to find that the only life you ever want to live is the one you were living before? For some, there is no divorce that happens following the requisite separation period. For others, the process becomes so drawn out that the marriage is gone long before it ends. Emotional and psychological stress is an inescapable aspect of the divorce process. While a legal separation is ostensibly intended to make the process easier on everyone involved, it is possible for your decision to have a negative impact on your future. The right attorney can help anyone navigate the legal process with greater ease, whether you are seeking a divorce, negotiating divorce terms or currently dealing with a legal separation.
Absence of a Final Decision
A legal separation is not a broadly used concept. It is also not an option for most of my clients, nor is it an option with many benefits over the absolute end that is represented by a divorce. However, there are a couple of simple to understand negatives when it comes to legal separation that make it less than ideal. The first is something that I have often found to be a surprise to my clients and is something that I think is worth mentioning.
The biggest miscalculation that I find clients making when it comes to getting a legal separation is that they think it means that they are legally separated and are no longer married. I think that this is a logical assumption to make. After all, if you are legally separated, you are not married anymore, right? Not quite. A legal separation is just that. You are legally separated but you are still legally married. You have not cut yourself loose like a divorced person would. As a result, what you can do in terms of your property and your debt is still impacted by the fact that you are still married to the person with whom you are separated.
This can have some pretty serious consequences on your credit because half of your debt holds is still held jointly by you and your spouse. When you get a divorce, that joint debt is divided and the responsibility for the debt becomes solely yours or solely theirs. With a legal separation, this will not be the case. You may still have responsibility for the debt. As a result, many people find themselves in a situation where their best financial option would be a divorce but they are trapped in a legal separation.
That being said, a legal separation does have the same impact as a divorce when it comes to the other kinds of marital issues that a divorce can resolve. If you fail to get a divorce at the end of a marriage, the outcome of a divorce will likely be played out through a legal separation. This means that the way that property will be divided, the fate of your, alimony and child support are often exactly the same in both instances.
In many cases, the finality that is represented by a divorce is very valuable. בני זוג גירוש is a closure point. You have broken from that relationship for good. You have finished with it. There is a transition that occurs and you are able to move on. A legal separation does not have the same finality to it. There can be a clearer path to moving on and the road of separation is something that is likely cobblestone. The path is probably going to be long and bumpy with some pretty serious obstacles to overcome.
The only circumstance we ever advise clients to consider seeking out a legal separation is when they are quite certain that reconciliation is possible and likely. The problem that you face in this situation is that you have a long road ahead and there are no guarantees as you walk down that road.
Effects on Children and Extended Family Relations
The decision to legally separate can have a far-reaching impact on children and family dynamics. There is an adjustment period the first time (or first few times) your child hears you use the term "legal separation." Be prepared for a "legal separation" Google search on your child’s part. Expect questions and concerns as to what it means for them. Children associate words with emotions and are able to speak about these emotions only when they are older – dramatic huh? They may have many questions about how this impacts them right now, and in the future, and may be concerned that they will now have to choose between parents and somehow will need to prove their worthiness of custody, time-sharing, visitation, and/or parenting-time.
There may be an inherent conflict between children’s needs for parental separation and for parental contact, support and love. If parents present the legal separation as an opportunity for personal growth, emotional development, and learning, the required separation will be viewed more positively than if parents frame it as a punishment or end point.
When parents are not living together , children are robbed of the benefits created by a stable home environment with both biological parents present and equally invested in parenting. The attachment that helps defend against psychological threats to children cannot be fully realized with a separation; the resulting stress may hinder children’s ability to respond effectively to the inevitable changes that lie ahead.
Conflicts become more codified when parents live in separate homes. The original household is suddenly fragmented. Children have little choice or influence as to how the new household arrangements should be handled, the new roles and expectations, and the new routines. Sometimes, children prove resilient and adapt readily, while other children suffer professionally and academically. Generally, the longer the separation lasts, the more likely children will fall short of their potential due to the structural rupture in the family unit. As EL Puetz states, "[W]hatever the initial causes of the separation, the interminable conflict over the range of issues raised by the divorce creates situations beyond the ability of the children to control."
The manner in which parents communicate and resolve their disagreements has a direct influence on the developmental health of their children and on the long-term outcome of a case. Parent’s high conflict level post-separation correlates with children’s maladjustment. Just as there is a direct correlation between parent’s high conflict pre-separation and the level of adjustment in their children to divorce, there is a direct correlation between the intensity of parent’s conflict during and after the divorce affects the adaptively and resilience of children.
Legal Complications and Complexities
In addition to the above practical disadvantages, there may be legal confusions and complexities that accompany a legal separation, as opposed to a divorce. If spouses are separated yet not divorced, it is common for one spouse or the couple to maintain all or some of the title to or liability for their shared assets. When such assets are maintained, it is sometimes difficult for family law litigants (and the family law judges who are deciding their cases) to determine which debts and assets have been incurred, acquired or disposed of since the prior date of separation for the family law purposes of dividing the community estate and debts and to determine what may constitute separate property under California law. When property is acquired or disposed of after a couple separates but prior to the time they are divorced, such issues are ripe for legal dispute and may consume a great deal of time, money and family law court resources.
Although legal separation may have certain benefits, it is not for everyone. It is important to make an informed decision that best suits your situation.
Potential for a Protracted Process
Couples that choose legal separation often face the possibility of a lengthy process, because you are still negotiating assets and have yet to divide marital property and debts. The more assets you have, the more likely it is that your negotiations may be complicated and take time. Some families elect a legal separation because one spouse carries the health insurance for the family. In these instances, the couple may not want to terminate the marriage just yet because it would require the spouse to find new health insurance coverage for the following year . They instead file for legal separation and continue working on their own terms while attempting to work through the family and marital debts.
However, this lengthy process could become costly, as you are effectively still having to handle the same negotiations and process as a divorce proceeding. At this stage, just imagine if you got a divorce – how would this impact your financial future?