Ending a marriage or legal partnership is a big decision, but can be beneficial. Here are nine benefits of legal separation in California.
A legal separation is one way for married couples or domestic partners to end their relationship in California. Legal separation can have many financial, emotional, and practical advantages, including tax benefits, social security benefits, and protection of personal or religious beliefs.
What is Legal Separation?
A legal separation does not legally end a marriage or domestic partnership. Spouses can separate and a court can outline child support, property division, and other terms. However, neither spouse can legally remarry nor enter into a domestic partnership while legally separated in California.
1. Allows for Division of Assets
Spouses may not want to get a divorce but may want to separate and divide assets. Spouses filing for legal separation can request provisions on property division, child support regulation, and the responsibility of debt payments.
2. Preserves Religious/Personal Beliefs
Sometimes, divorce may go against a spouse’s religious or personal beliefs. A legal separation allows spouses to receive many benefits of divorce, like property division and living apart, without legally terminating the marriage.
3. Avoids the Stricter Residency Requirement of Divorce
To get a divorce in California, one spouse must meet residency requirements:
- One spouse must have lived in California for the previous six months AND
- One spouse must have lived in the county where the divorce will be filed for the previous three months
If neither spouse meets these residency requirements nor wants to wait to separate, he or she can file for legal separation instead. The requirements for a legal separation are different for married couples and domestic partners.
For married couples:
For a legal separation, at least one spouse must be currently living in California. After a legal separation, if one spouse meets the California residency requirements, he or she can pursue a divorce by filing for an “amended petition.”
For domestic partners:
If the domestic partnership was registered in California, neither partner needs to live in California to file for legal separation. If the domestic partnership was not registered in California, at least one person must live in California to file for legal separation.
5. Tax Benefits
Because legal separations do not officially end marriages, both spouses will still receive the tax benefit of a married couple.
6. Government/Medical Benefits
During a marriage, a spouse may have the right to the other spouse’s government or medical benefits. By legally separating, a spouse can retain these rights.
7. Social Security Benefits
During a marriage, one spouse may be eligible for the other spouse’s social security benefits. After 10 years of marriage, the spouse may have the right to an even larger amount of their spouse’s social security retirement benefits. If a spouse wants a divorce before 10 years of marriage and more social security retirement benefits, the couple can choose to legally separate until the spouse becomes eligible for the benefits.
8. Postpones Divorce for Emotional Reasons
A couple may want a divorce but are not emotionally ready to go through the process. Instead, the couple can choose to legally separate, protecting themselves financially while postponing the divorce.
9. Allows for Contemplation of Divorce
Couples may be unsure of divorce. By legally separating, the couple protects themselves financially and receives space and time to contemplate if a divorce is what they truly want. A period of separation can also give the couple time to work on their marriage without ending it in divorce.
FAQs About Legal Separation and Its Benefits in California
What is the difference between legal separation and divorce?
A divorce ends a legal marriage or partnership, allowing spouses who divorce to legally remarry. A legal separation does not end a legal marriage or partnership, forbidding spouses who separate to legally remarry or enter into a new partnership.
Can couples separate in ways other than divorce or legal separation in California?
Annulment is the third main way to end a marriage or partnership in California. When a court annuls a marriage, the court deems it was never legally valid. A marriage must meet specific criteria to be annulled.
Is it possible to reverse a legal separation in California?
Yes, a couple may choose to reverse their legal separation at any time as long as neither spouse has filed for divorce since the separation.
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If you or a loved one would like to know more about the benefits of legal separation, get your free consultation with one of our divorce attorneys today!