If you have made the decision that you no longer want to be with your spouse, you may think that the only answer is divorce. However, if you want to separate from your spouse for financial reasons, but are unsure if you should actually proceed forward with a divorce, then legal separation may be the right choice for you. Deciding between the options of a divorce or legal separation is a personal choice, and can be confusing if you are unsure of the “pros and cons” of each avenue.
The point of obtaining a divorce is that it is a legal termination of your marriage. When you marry someone, you are fulfilling a contract, and finalizing a divorce terminates that contract. However, a legal separation allows a couple to separate their finances, but still remain legally married. Thus, the “marriage contract” would not be broken.
Each couple going through a divorce or legal separation has a unique set of circumstances and priorities. For some families, a custody plan may be the most important piece of the puzzle. For others, perhaps their children are grown, and they are more concerned about how to divide their retirement accounts. In other situations, one spouse may truly want to remain married, but if the other partner exhibited financial dishonesty, they may have reasons for wanting to separate their finances as soon as possible, even if there is hope for reconciliation of the relationship in the future.
A common question we are asked is if a mandatory separation period is required prior to divorce. In Connecticut, it is not. While Connecticut used to have a ninety day “cooling off period,” (though you did not have to technically live separate and apart during this time), that cooling off period can now also be waived if you have reached a final agreement prior to the expiration of that timeframe.
Many people mistakenly use “divorce” and “separation” as if they mean the same thing, but they are two different legal processes with distinct outcomes. Divorce ends a marriage completely, cutting all legal and financial ties between the spouses. After a divorce, both individuals are no longer considered married and can remarry if they wish. In contrast, legal separation allows couples to live apart and have their financial responsibilities divided, but they remain legally married and cannot remarry unless they officially divorce.
If there is no hope of reconciliation, then a divorce (also known as a dissolution) may be the more appropriate choice. While a legal separation can be “reversed,” a dissolution of marriage cannot. If parties truly wish to be entirely separated and sever ties, then moving forward with a dissolution may be quicker, easier, and less emotionally stressful than proceeding forward with a legal separation and then subsequently converting it to a divorce.
The court procedure for divorce and legal separation is very similar. Often, clients think that filing for a legal separation is the “easy way out,” and they will not have to file the same pleadings, exchange financial production, etc. However, that is not the case. Since both finances and custody still need to be addressed, it is a very similar process. That said, there may actually be additional time and money spent after a legal separation is finalized if either party chooses to convert it to a dissolution.
Many people view divorce as a more favorable option because it is final, and it does allow either or both parties to be free to re-marry if they choose. On the flip side, both of those concepts may be viewed as a negative of divorce (or a pro for legal separation). This is because a legal separation is not final, and thus, neither party can re-marry. It is truly two sides of the same coin because what one person views as a detriment may truly be a benefit to another.
A common question that potential clients ask our office is if they can stay on their spouse’s health insurance if they are legally separated. While at one point the answer to that question was “yes,” it no longer is. Now, even with a legal separation, the party who does not carry health insurance will only have thirty (30) days after the dissolution or legal separation to obtain his or her own health insurance. This seems to be an old “loophole” that was tightened up once the insurance companies learned the popularity of such.
At Wolf & Shore Law Group, we focus on family law and can assist you in navigating these complex issues. For more personalized assistance or to discuss your specific situation, don’t hesitate to contact us at Wolf & Shore Law Group. Our experienced attorneys are here to guide you through every step of your divorce proceedings. Ever argue with a woman? Let Wolf & Shore Law Group go to work for you and help protect your future. Click here, call us at 203.745.315, or email us at info@wolfandshorelaw.com.
