Legal separation is to divorce what seltzer is to soda pop. They satisfy similar needs, but they are also different enough that you would never confuse one with the other. Which one you choose depends on your preferences, which can vary depending on taste, tradition, religious dictates, finances, or your health.
And just like there has been a boom in the sparkling water market, Attorney Bob Matteucci has also noticed an increase in the number of New Mexico residents who are interested in getting legally separated instead of divorced. Once you take a look at some of the benefits, it is easy to see why.
Why Is Legal Separation Desirable?
Just as no two marriages are exactly alike, no couple’s reason for seeking a legal separation instead of a divorce is going to mirror that of another couple. However, Attorney Bob Matteucci has counseled enough couples interested in legally separating to notice that many of them mention the following factors when discussing their decision to separate.
- Health Insurance: One of the number one reasons couples choose to legally separate instead of divorce is to maintain access to health insurance. Many people are insured through their spouse’s work, or together meet the criteria for government subsidized insurance, and they do not want to risk losing their coverage or have to switch carriers and interrupt the care they are receiving.
- Retaining Benefits: Health insurance is not the only benefit separated couples try to preserve. Some couples separate instead of divorce so they do not lose out on retirement or Social Security benefits, or lose their eligibility for government benefits like Medicaid, disability, food stamps, or subsidized housing.
- Religious Reasons: Devout couples who no longer wish to be in a relationship, but do not believe in divorce can turn to legal separation to meet their needs. Whether legal separation is allowed by a particular faith community is something best discussed with religious leaders, since New Mexico law has a bright line separating church and state. But it is important to note here that getting a marriage voided or annulled by a religious institution has no impact on the legal union. And vice versa.
- Jointly Owned Business Interests: Couples who own or operate a business together may decide to stay legally married in order to protect their finances. New Mexico’s community property laws give married couples 50/50 ownership of all marital assets, and force couples to divide up the value of those assets at divorce. When there are significant illiquid assets in play, avoiding divorce can be important.
- Debt Relief: Getting a legal separation severs the financial ties partners have to one another. This can benefit someone whose spouse wants to take on debt that would otherwise be considered community property. If the couple were not separated, both would be responsible for paying back the debt. And it is important to note here that any debt incurred before the separation will typically be divided 50/50.
- Keeping Assets Separate: Legal separation can also protect assets or property that are purchased after a couple has split. Instead of becoming community property, those assets are clearly owned by one person. This can be important if one partner plans to open or invest in a business and does not want their former spouse to have an automatic ownership interest.
- Tax Savings: Financial planners will sometimes advise individuals to consider legal separation for tax purposes.
- Testing the Waters: Getting divorced is such a paradigm shift that some couples want to ease into it. A legal separation gives couples most of the benefits of divorce while still being able to call themselves married. If they later want to take that final step and have their marriage dissolved, they can do so.
These are just some of the most common reasons couples get legally separated. There may be other reasons a separation appeals to you and your spouse, and that’s perfectly fine.
Are There Any Downsides To Legal Separation?
Legal separation works well for many couples, but it is not for everyone.
The difficult conversations you must have about the division of marital assets and debts; child custody and visitation; child support payments; and spousal support payments or alimony lead many couples to reconsider their decision not to divorce. Making decisions about these important topics can push a couple toward divorce when they realize how close they are to that point.
Looking to the future also pushes some couples toward divorce instead of legal separation. People who are planning to date after their split may not want to explain their unusual relationship status to a potential paramour. And New Mexico forbids plural marriage, so anyone who is legally separated may not marry again without first getting divorced.
Serving Families with Dignity & Compassion
If you would prefer not to get divorced, but are at the point where you no longer want to be in a relationship with your current partner, legal separation may be right for you. No matter what your reason for separating, Attorney Bob Matteucci is ready to listen to your concerns, and answer any questions you may have about legal separation. He can also discuss other options like divorce or a trial separation with you and your partner if it seems like legal separation is not a good fit. Contact the Matteucci Family Law Firm today to schedule a meeting.