When considering a divorce, you should inform yourself on all possible legal options, including separation. The attorneys at the Duke Firm, PC, a San Antonio area family and divorce law firm, can give you legal advice about both divorce law and legal separation. If you are deciding between divorce and separation, meet with one of our lawyers to discuss your specific needs.

Legal Reasons for Separation over Divorce

Although every case and marriage is unique, separation can provide you and your spouse with some legal benefits that you cannot garner with a legal divorce. A legal separation does not put an end to the marriage, but can serve as a protection for your property.

Here are some benefits over trying separation before filing for divorce:

• Retention of Social Security –after a certain number of years, spouses can benefit from a spouse’s social security arrangement. There are also protections for spouses of partners who have served in the military after a certain number of years of marriage.
• Possible Tax Breaks.
• Simplification of Insurance Issues and Retention of Health Benefits – depending on the terms of your insurance plan, you might be able to retain benefits under a spouse’s insurance plan during a separation.
• Possible Reconciliation –a separation gives spouses time apart to consider the next best step.

In addition to the above material benefits, a separation can give you and your spouse more time to fully consider if divorce is truly the desired outcome. Divorce brings many issues to a permanent settlement, including division of property, custody of children, and alimony arrangements. In addition, some people may have religious objections to divorce, and in their case a legal separation is often the best choice.

If you are considering a separation or collaborative divorce in San Antonio and want to learn about the process, please call the Duke Firm toll free at 888-314-5720 or fill out our quick web contact web form.