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How a legal separation differs from a divorce

If you and your spouse have decided that you no longer wish to be together, you may think that a divorce is your only option. However, for some Colorado couples a legal separation can be a viable alternative to a divorce. At Frost & Beck, P.C., we understand that every situation is different and that finding a solution that meets your particular needs is important to you.

Many couples choose to legally separate temporarily before either reconciling or proceeding to get a divorce. If you or your spouse is religious, a separation can allow you to live your lives apart from each other without formally becoming divorced. For some people, though, the separation ends up being a favorable long-term solution. A legal separation allows you and your spouse to basically separate your lives the same way you would if you were to get a divorce.

However, according to Fox Business, there may also be some financial advantages to remaining separated. Agreements can be reached between you regarding dividing your property, spousal support, parenting issues and child support. But with a legal separation, you can continue to share certain benefits such as filing joint taxes, remaining on a shared health insurance plan and maintaining Social Security eligibility. In addition, remaining separated rather than divorced can affect how you can inherit each other’s property.

There are of course disadvantages to a legal separation compared to a divorce. If either of you moves on to a new relationship and wishes to marry, a divorce will be necessary in order for that to happen. For more information on living separately from your spouse without a divorce, please visit our web page.

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