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What are the Benefits of Getting a Legal Separation?

Marriages are complicated. They come with many ups and downs that may lead to separation or divorce. Going through a breakup might get overwhelming, and an attorney might help you understand your responsibilities as a couple while living apart.

However, you have to know if your state recognizes the legal separation before seeing a lawyer. It would be best to look for reliable Jefferson City, Missouri, Family Law Attorneys who will guide you through the legal processes.

So what are the benefits of getting a legal separation? You can address:

  • Maintenance (alimony)
  • Schedule visitation
  • Child custody
  • Child support
  • Asset and debt division

What Is a Legal Separation Agreement?

A couple who wishes to live separately can acquire a legal separation document that is legally binding. The agreement should outline their responsibilities and solve issues such as child support and mitigate financial risks associated with separate living.

Benefits of Legal Separation

Separation allows couples to live apart and decide if they want a divorce

Divorce & Child Custody Jefferson City, MO
The girl in the foreground at quarrel of parents
Divorce is permanent, and you can live apart first before considering getting a divorce. An attorney can help guide you through every legal process required before getting a divorce. You can agree on how everything should be done while you are separated. If you want to maintain your marital status for religious purposes, then the separation would be appropriate.

A couple can continue their insurance benefits

Marriage allows couples to get spousal insurance covers, and if you wish to separate, you can still get the benefit even during the marital separation. However, a lawyer can help address what could happen if you separated legally and help you educate yourself on how to best proceed.

A couple can choose legal separation to meet the ten-year requirement for social security

Everyone needs to have social security on their back, and the law only allows couples who have been married for more than ten years these benefits. If you divorce and never remarry, you can get social security once you are 62 years old, which is the retirement age.

Tax benefits

There are some tax benefits associated with marriage, and you can enjoy these benefits if you opt to separate instead of getting a divorce.

However, an attorney or certified public accountant can adequately guide you on legal ways of getting the tax benefits; some states allow couples to get the tax benefits, while others propose that if a couple is legally separated, they won’t be entitled to the tax benefits.

Contact an Experienced Family Lawyer

Getting a legal separation might be the first step you take before considering divorce, as it helps you know if you would want to proceed with the divorce process or not. Getting an attorney to guide through the separation is a good idea as they are knowledgeable about divorce and marriage issues.

They can help you draft an agreement on child and spousal support, visitation and custody, and income and debt division. Moreover, an attorney can guide you on how to get the benefits of marriage, such as tax deduction, even when you are legally separated.

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