When a marital relationship has come to an end, most people go through the legal process of divorce. There are some instances, however, that cause people to consider legal separation.
Most understand their marital estate will be divided through a divorce, but many are unaware that legal separation can provide the same division without the finalization of a formal divorce. A legal separation will provide the same division of assets, debts, property, custody, support, etc. The main difference between the two is that you will remain legally married at the conclusion of the legal separation process.
A couple might choose to legally separate rather than divorce because of their religious convictions. Many religions and religious sects look unfavorably upon divorce. A person who wants to live separately from their spouse, but also wishes to remain in good standing within their congregation might choose legal separation.
Most understand their marital estate will be divided through a divorce, but many are unaware that legal separation can provide the same division without the finalization of a formal divorce. A legal separation will provide the same division of assets, debts, property, custody, support, etc. The main difference between the two is that you will remain legally married at the conclusion of the legal separation process.
A couple might choose to legally separate rather than divorce because of their religious convictions. Many religions and religious sects look unfavorably upon divorce. A person who wants to live separately from their spouse, but also wishes to remain in good standing within their congregation might choose legal separation.
Another reason some choose legal separation instead of divorce is if one spouse wishes to continue to provide health insurance benefits to the other spouse. An example of this would be if a husband has been the primary breadwinner for most of the marriage while the wife has been a homemaker. If the couple is older and perhaps the wife has a pre-existing health condition that would make health insurance unreasonably expensive, the couple might legally separate.
Additionally, legal separation is an option for those who are in the process of reconciling their marriage but wish to live separately during the reconciliation period.
In Georgia, legal separation protects a spouse from financial responsibilities accrued by the estranged spouse during the period of separation. As such, if you have concerns about a spouse incurring unknown debts, a legal separation can provide your protection from being jointly liable for said debt as the parties will agree that any debts incurred following the legal separation will be the sole responsibility of the party incurring the party.
There is a caveat to legal separation: both parties must mutually agree to the terms. This includes financial division, alimony, child support, and child custody.
