For married couples who want to end their relationship without actually divorcing, legal separation can offer a viable alternative. It allows spouses to live apart and divide their assets and responsibilities without officially ending the marriage.
Understanding the benefits and process of legal separation can help couples make informed decisiUnder Ohio law, legal separation is a court-ordered arrangement where spouses live apart but remain legally married.
Unlike divorce, legal separation does not terminate the marriage. That allows couples to retain certain benefits such as health insurance and tax advantages. It addresses issues like property division, child custody and spousal support, similar to a divorce.
What are the potential benefits?
A primary advantage of legal separation is maintaining certain marital benefits while living apart. This can be particularly important for couples who need time to decide whether to get divorced or have financial or health-related reasons to remain married. Legal separation also provides a structured framework for resolving disputes and managing responsibilities.
Some specific reasons many couples choose legal separation over divorce include the following:
- To maintain health insurance benefits
- To retain tax advantages
- To allow time for reconciliation
Another leading reason to separate rather than divorce is to preserve the marriage due to religious or cultural beliefs.
How can you pursue legal separation?
One spouse must file a petition with the court, outlining the reasons for the separation and the desired terms. The court will then review the petition. If approved, it will issue a separation agreement, which details the division of assets, child custody arrangements and any support obligations. If you are considering legal separation, having experienced legal guidance can help you achieve a positive outcome.