When a married couple makes the decision to end their relationship in California, the most common route is through divorce whether contested or not. However, there are some instances where divorce is simply not a viable option due to financial, health or other reasons. What are some of the most common reasons and what is the alternative?
In this lowered economy, finances are a major concern for most. When before, selling the house and going separate ways was an easy decision, now it has become more complicated. Many homes are underwater -- worth less than owed on the mortgage -- and selling is not an option or some couples simply do not have the funds to keep up two separate residences. When this happens, some couples choose to remain living under the same roof, but this could affect alimony in many states.
For some spouses, they could not afford health care on their own and so choose to stay married to benefit from their partner's policy. Social Security rules allow an ex-spouse to take advantage of half of the value of benefits that his or her spouse will receive, but only if they have been married for 10 years. What if you are hitting your eight year mark?
There are many reasons why a person may choose to remain "legally married" but no longer a pair. Many of these couples simply choose to separate and decide as they go how to handle finances, assets or even custody of the children. This is a risky road when done informally. Cooperation and communication that was solid at the decision time can break down into the future.
Legal separation is a route that allows a pair to remain married under the eyes of the law while protecting their rights. An attorney can help a couple draft a legal separation - an enforceable document - that includes terms for property division, spousal and child support, visitation and many other important issues you will want a solid plan for.
Source: Forbes, "Legal Separation or Divorce: Which is Better Financially?" Jeff Landers, Jan. 10, 2012







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