What are the Pros & Cons of California Legal Separation?

If your marriage is going through a difficult phase, you may be evaluating your options. While the option of divorce is always available, it isn't the only alternative. There is another, less permanent means to separate from your spouse. 

Legal separation is a viable choice for individuals who want to live separately but give their marriage a chance. It isn't the end of the road - but it's also not the same as spending every day with your spouse. In this blog, we'll explore the pros and cons of legal separation in California.
 

Difference Between Divorce & Legal Separation

Legal separation is the middle point of staying married and divorce. The major difference between the two lies in the finality of each - while divorce is permanent and the spouses are considered single once again, legal separation isn't final, and the spouses cannot remarry until they divorce each other. Divorce also means that no financial ties exist between the spouses anymore.

On the other hand, spouses who have legally separated are still married to each other. They cannot remarry until they are divorced. If both parties agree, legal separation can be reversed at any time, and any court order made regarding the separation will be considered null and void. 

Like divorce, when a couple legally separate, they are required to resolve several issues:
 

• Child Custody
• Child Support 
• Spousal Support 
• Asset Division

If the couple reconciles from legal separation, any orders made concerning the above will cease into effect immediately. If the couple decides to opt for divorce, these orders can be made permanent. 

Pros of Legal Separation 

There are pros and cons of legally separating from your spouse instead of divorcing. But before you decide, you must know the benefits and drawbacks of each. 

The foremost benefit of legal separation is that the couple is still married and can reverse their decision at any time in the future. Here are some reasons why legal separation is opted by spouses in California:

• Temporary 

If you are unhappy in your marriage but divorce seems a step too far, legal separation allows you and your spouse to separate for a while and make calm-headed decisions without permanently ending the marriage. Legal separation is like divorce in a snapshot - you and your ex-spouse live separately without ending the marriage. 

Legal separation helps spouses to reconcile differences. In some cases, it also serves as a transit point to divorce. Either way, both spouses can take time off each other and evaluate options in a non-influential manner. 

• Immediate 

Another major advantage of legal separation is that it goes into effect immediately. Unlike a six-month waiting period in divorce, legal separation comes into effect immediately after the judge's approval. 

• Relieves Stress

Legal separation provides an interim relief to the spouses from each other. They can utilize this time to make calculated decisions about their marriage rather than compulsively ending the union permanently. Thus, legal separation helps both parties to make the transition toward divorce smoothly. 

• Tax Benefits

Married individuals enjoy several tax benefits in the US, one of them being filing taxes jointly. In a legal separation, the couple continues to file taxes jointly, thus saving money that they would otherwise lose by filing taxes separately post-divorce. 

• Simplifies Future Divorce

If legally separated spouses decide to dissolve their marriage, the decisions made initially during separation, like child custody and support, continue to be in effect during divorce. Therefore, legal separation can become the foundation of your possible divorce. Legally separated couples may obtain a divorce by simply re-submitting the paperwork. 

Cons of Legal Separation 

Legal separation may be ideal for some couples in certain situations, but they have drawbacks as well. This is because they are still considered legally married to one another, which is why some couples opt for divorce. Here are the drawbacks of legal separation:

• Cannot Remarry

Legally separated spouses are still considered legally married. This means they cannot remarry until obtaining a divorce. If they want to remarry during a legal separation, they will first have to obtain a divorce and restore their single status. 

• Financial Ties

California is a community property state, meaning married couples share assets and debts equally. Even upon legal separation, the spouses continue to share these rights and responsibilities toward each other's assets and debts. Thus, a debt acquired by one spouse after separation will be considered community property. This is a major deterrent for those wanting to achieve financial independence from their partner. 
 

Consult with an Orange County Divorce Attorney 

Legal separation and divorce are crucial decisions that should not be taken lightly. A separation can become permanent and retain its original terms for divorce. Thus, it is always advisable to hire an experienced divorce and family law attorney before taking any step. 

If you are considering legal separation or divorce, consult with Jos Family Law to discuss your options. We will understand your situation and inform you whether legal separation or divorce is the right course of action in your case. 

Jos Family Law