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Friday, August 17, 2012

UNDERSTANDING LEGAL SEPARATION

Couples often choose a legal separation for one or more of the following reasons:

  • Being able to retain your marital status for religious reasons.
  • Allowing a couple some time to live apart and see if divorce is actually what they want. As compared to an informal trial separation, a legal separation establishes how everything will be handled while the couple is apart.
  • Being able to continue insurance benefits on your spouse's coverage. If you are considering getting a separation to retain coverage, be sure to check the policy to see if it addresses what happens if a couple legally separates.
  • Retaining certain military benefits.
  • Continuing to remain married in order to meet the ten year requirement to qualify for certain social security benefits of a spouse.
  • Protecting your financial interests while apart, as assets and debts acquired during a legal separation may be considered separate property. This can be important in states that require a period of separation before a divorce is granted.
  • Possible tax benefits by continuing to file taxes jointly.
  • If the couple does decide that getting a divorce is the best decision, the separation agreement can be converted to a divorce agreement.


  • For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/ --

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