Why Get A Legal Separation Instead Of Divorce?

Tennessee is one of many states that recognizes legal separation. When a married couple becomes legally separated, the process is very similar to divorce. An agreement regarding property division issues, spousal support, and child custody is drafted and each spouse goes their separate way. The only difference is that at the end of the separation process, the couple is still married whereas they are not after a divorce. So, when a couple wants to live separate and apart, why would they legally separate instead of getting a divorce? Below, our Brentwood legal separation attorney explores a few of the most common reasons.

Joint Tax Returns

Married couples enjoy many tax benefits that single people do not. Married spouses can file a joint tax return, even if they are legally separated, reducing their tax liability by using a higher standard deduction and enjoying different tax brackets than single people.

Shared Health Insurance Coverage

Individuals can usually add spouses to their health insurance coverage but once the couple gets a divorce, the added spouse will no longer have coverage. It is possible to purchase separate coverage after a divorce, but this option usually means paying high medical insurance premiums. Health insurance policies also usually have an enrollment period, so individuals may not be able to enjoy the benefits right away. Getting a legal separation rather than a divorce can remove the stress associated with health insurance because both spouses can continue to receive full coverage.

Easier Reconciliation

It is not uncommon for married couples to become unhappy in their marriage, but not necessarily want to end it. Legal separation can provide a way for couples to see what it is like living separate and apart from their spouse, and to determine if it is something they want in the long-term. If the couple decides that they do want to reconcile, it is easier to do than if the couple had gotten a divorce. After reconciling during a legal separation, the couple simply needs to start cohabitating together again. After a divorce, the couple must get remarried if they want to reconcile and make the union legal.

Personal and Religious Beliefs

There are many personal and religious beliefs that prevent people from getting a divorce. For example, the couple may share certain religious beliefs that do not allow divorce as an option. These individuals may want to remain married and obtain a legal separation so they can try to work out their issues.

Our Legal Separation Attorneys in Brentwood Can Draft Your Agreement

Legal separation does hold many benefits over divorce, but getting one is still a legal process. At Beal, Nations & Crutcher, one of our Brentwood legal separation attorneys can negotiate with your spouse and draft an agreement that is fair and that will provide the protection you need in the coming months or years. Call us now at 615-861-2304 or reach out to us online to schedule a meeting with one of our knowledgeable attorneys and to learn more about your legal options.

Sources:

law.justia.com/codes/tennessee/2010/title-36/chapter-4/36-4-102/

casetext.com/statute/tennessee-code/title-36-domestic-relations/chapter-4-divorce-and-annulment/section-36-4-101-grounds-for-divorce-from-bonds-of-matrimony