Legal Seperation, what are the benefits.

[pamela8189]

What is the name of your state? Alabama

I am in the divorce process and my husband has now suggested Legal Seperation. We had been seperated for 18 months when he got back in the house uninvited. I want to move away to find work as I am getting stonewalled in this small town. Now he says Legal Seperation would be best**************what are the benefits to Legal Seperation versus divorce.

Also he would be staying in the house, can he sell this or any contents if I am not in the house and he is. Can he end up with the house if we then divorce. I am concerned as to what his motives are as I do not think he wants my best interests just his own.....can he come out of this with more if I move out, he is in the house.

Also what do you have to do to convert a Legal Seperation into a divorce...do you have to start again.

Any help is greatly appreciated.

 

[moburkes]

What is the name of your state? Alabama

I am in the divorce process and my husband has now suggested Legal Seperation. We had been seperated for 18 months when he got back in the house uninvited. I want to move away to find work as I am getting stonewalled in this small town. Now he says Legal Seperation would be best**************what are the benefits to Legal Seperation versus divorce.

Also he would be staying in the house, can he sell this or any contents if I am not in the house and he is. Can he end up with the house if we then divorce. I am concerned as to what his motives are as I do not think he wants my best interests just his own.....can he come out of this with more if I move out, he is in the house.

Also what do you have to do to convert a Legal Seperation into a divorce...do you have to start again.

Any help is greatly appreciated.

Its not legal separation VS divorce. Its legal separation on the way to divorce. When you are legally separated you get the court to order, child support, spousal support, you get to buy an insurance policy without having to put your spouse on it, etc. You are beginning the process of divorcing.

 

[Ohiogal]

Its not legal separation VS divorce. Its legal separation on the way to divorce. When you are legally separated you get the court to order, child support, spousal support, you get to buy an insurance policy without having to put your spouse on it, etc. You are beginning the process of divorcing.

Mo again I disagree. It very well CAN BE legal separation vs. divorce. it is in your homestate dear. You are correct about the property and support orders. However some people never divorce and only legally separate due to health insurance reasons. That is one big benefit.

 

[moburkes]

Mo again I disagree. It very well CAN BE legal separation vs. divorce. it is in your homestate dear. You are correct about the property and support orders. However some people never divorce and only legally separate due to health insurance reasons. That is one big benefit.

You're right that health insurance is a benefit to separation vs. divorce. However, you can't move on with your life in this "limbo". You can't get remarried, you can't move on with your life. Your spouse could "earn" access to your retirement money, estate, because you didn't divorce. Most auto insurance companies want both spouses on the policy even if they are living apart, there are issues with each other's debt, life insurance issues, etc.

 

[Ohiogal]

You're right that health insurance is a benefit to separation vs. divorce. However, you can't move on with your life in this "limbo". You can't get remarried, you can't move on with your life. Your spouse could "earn" access to your retirement money, estate, because you didn't divorce. Most auto insurance companies want both spouses on the policy even if they are living apart, there are issues with each other's debt, life insurance issues, etc.

Yep. Those are the drawbacks. There are few benefits except health insurance which could be a big plus if someone is terminal. But you are correct, you can't move with your life.

 

[Bali Hai]

You're right that health insurance is a benefit to separation vs. divorce. However, you can't move on with your life in this "limbo". You can't get remarried, you can't move on with your life. Your spouse could "earn" access to your retirement money, estate, because you didn't divorce. Most auto insurance companies want both spouses on the policy even if they are living apart, there are issues with each other's debt, life insurance issues, etc.

I don't agree with the retirement portion of that because: Any contributions made to a 401k subsequent to the filing of an action (divorce or legal separation) would not be subject to division, however the earnings would carry on until the account was divided. The same would apply to a non-401k account. The spouse is entitled to the earnings on their respective portions anyway.

 

[Lorraine2004]

I'm confused, isn't better to legally seperate than just get a divorce when you really don't know if you can work things out with your spouse? It has all the benfits as beening married and most insurance company's will keep you on there policy's. And as I understand it you need to write all the things in it as you would if you were getting a divorce, that way what to have on paper will just roll over in the divorce if and when you have made your choice to stay with it or get a divorce. But you have to prepare a legal seperation like a divorce. And what you paid for a legal serperation you will lose that money, and as I understand it cost a little more for this. You will have to pay for the divorce like starting over, because it is another legal issue. I'm going today to see how it will play out for me, because I'm going to go get a legal seperation from my husband of 13 years. I've been in hell just about all this marriage and now i'm disabled and can't work and it's like a holding cell for me here. I'm 50 years old and I'm going to live the rest of my life in peace and quiet if I choose. But make sure to put everything down on paper that will last until he retires and beyond.

 

[MFinancier]

What is the name of your state? Alabama

I am in the divorce process and my husband has now suggested Legal Seperation. We had been seperated for 18 months when he got back in the house uninvited. I want to move away to find work as I am getting stonewalled in this small town. Now he says Legal Seperation would be best**************what are the benefits to Legal Seperation versus divorce.

Also he would be staying in the house, can he sell this or any contents if I am not in the house and he is. Can he end up with the house if we then divorce. I am concerned as to what his motives are as I do not think he wants my best interests just his own.....can he come out of this with more if I move out, he is in the house.

Also what do you have to do to convert a Legal Seperation into a divorce...do you have to start again.

Any help is greatly appreciated.

Over 1000 hits on this post makes me think there is a little confusion here, and maybe a few more replys may be called for. I'll try and add whatever I can! Yes I understand there may be some remaining health and insurance benefits and a need for people holding out for 10 year benefits from social security or military spouses holding out for twenty year vesting.. but you didn't mention either of these factors. The downside as was mentioned is that you can't remarry and your spouse may be entitled to a part of your estate if you don't have a proper will or trust. It's my understanding that much of the financial work that is necessary to divorce has to be done with a legal separation anyways, so your not really saving any money there. In your case you said you were already separated for 18 months so you must have had some sort of financial agreements ordered already right? The house and your living arrangements wouldn't be treated any differently under a legal separation or a divorce as far as I know. You'd still need to deal with issues like who paid for what and how it's titled and agree on how you will split it and the expenses up. I'm sure someone else will correct me if I'm wrong but legal separation just seems mostly like a throwback to the past when people had moral or religious hangups about divorcing.

 

[LdiJ]

Didn't anyone notice that this post is a year old?

 

[MFinancier]

Didn't anyone notice that this post is a year old?

Oh jeez...ur right...thats it for me today!

 

[AfraidWife]

In California-
are you saying that you cannot do a legal separation while one is living in the same house? Also another poster mentioned in a response that it isn't either/or, it is just part of the process of divorce, is this true for CA as well , or was that local to that poster's question?
I'm asking as it pertains to 1) medical benefits through his work and 2) if he were to buy new property and want it to be only his, without my having 'community property' interest. Thanks for your help, I realize there may be 'state threads' but am finding out more doing specific searches, but have a hard time obtaining specific answers as many of us are in different states-

 

[Ohiogal]

In California-
are you saying that you cannot do a legal separation while one is living in the same house? Also another poster mentioned in a response that it isn't either/or, it is just part of the process of divorce, is this true for CA as well , or was that local to that poster's question?
I'm asking as it pertains to 1) medical benefits through his work and 2) if he were to buy new property and want it to be only his, without my having 'community property' interest. Thanks for your help, I realize there may be 'state threads' but am finding out more doing specific searches, but have a hard time obtaining specific answers as many of us are in different states-

Add this to YOUR thread.

 

[AfraidWife]

Add this to YOUR thread.

I'm sorry I'm not sure what you mean by that? In researching various topics I see people from different areas jumping in and asking stuff as they find it. I don't have a thread, I am a new user, and not really familiar with how this particular type of forum software works. I figured others might be using the search function as well, and perhaps someone answering me might also help others since in a huge state as this, there are probably a lot of people coming from here. If you could direct me or post a link to where I should have posted, it would be greatly appreciated.