Often we talk about big decisions in life and a California divorce is one of them. While it is often the right decision for many couples, it is not a decision that is taken lightly. A divorce ends a marriage and alters the futures of both partners even when the change is for the better.
But what if a full divorce is not right at the moment? Some couples may decide that their emotional and physical relationship is over, but know that officially ending their relationship would mean financial consequences that they do not want. Some may decide to leave things as is and simply live apart. This can be a risky option, but what other choice do they have?
There are many reasons why a couple may want to remain legally married even though they no longer want to continue their personal relationship. For some, social security benefits are a vital part of their future but there is a 10-year marriage requirement for sharing a spouse's benefits. Couples only a year or two away from that benchmark may choose to temporarily remain married to ensure that they have those benefits.
Other couples remain married for health care benefits. Often a spouse who does not have health care through their job or because they were a stay-at-home parent need to remain under their spouse's health insurance benefits. However, most employer-provided health care requires that the other beneficiary is a spouse, not a former spouse.
Other reasons include religions that do not honor divorce, tax benefits that result from filing jointly or even for alimony purposes when a couple cannot afford to sell their homestead or keep up two separate residences.
Divorce is not the only way to end a relationship. A family law attorney can discuss other options; in this case another option would be a legal separation which we will elaborate on in our next post.
Source: Forbes, "Legal Separation or Divorce: Which is Better Financially?" Jeff Landers, Jan. 10, 2012

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