Divorce vs legal separation

pk2at · 2024-08-28T00:45:09+00:00

Big changes in law since these comments were made. Legal separation is binding on assets and alimony

acg34 · 2023-12-11T14:55:25+00:00

In my state, the day my ex asked for a divorce was used as the end date of the marriage.

jimsmythee · 2023-12-11T02:23:15+00:00

There is no benefit to legal separation vs divorce. It just allows the lower wage earner to keep the health insurance and “years married to keep accruing” for later calculations for more alimony.

RevolutionaryLaw8854 · 2023-12-10T22:38:12+00:00

Yes. Years of marriage still accrue for alimony.

There’s no benefit to a “legal separation”

SkeptiCynical · 2023-12-10T21:01:09+00:00

This is going to vary by jurisdiction - but a separation agreement is the civil contract saying that you agree to these living arrangements, these custody and decision-making rules, these financial guidelines. When you have a separation agreement, it outlines child support and maintenance for the term of the agreement.

The problem with having only a separation agreement is that it keeps you in purgatory until the divorce is filed. It's the weapon of passive-aggressive narcissists to keep you under control so they can hold your kids and finances hostage for an indeterminate period.

If the separation agreement has favorable terms, you can have it converted to divorce by requesting conversion and having a trial. The trial doesn't have to be more than one of you taking the stand and your lawyer asking you 4 or 5 yes/no questions.

There's no reason for a separation agreement unless you think there's a shred of a chance at reconciliation. Separation takes longer, you have to pay lawyers more and for a longer period, and your ex has you captive while your life is on hold.

File for divorce. The separation terms are baked into the divorce agreement.

Title	Divorce vs legal separation
Author	FrustratedSpouses
Upvotes	5
Comments	6
Date	December 10, 2023 8:18 PM UTC (2 years ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/18fcc7z/divorce_vs_legal_separation/
Archive Link	https://theredarchive.com/r/Divorce_Men/divorce-vs-legal-separation.1240453 https://theredarchive.com/post/1240453

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