In some situations, a person’s interests may not be best served by a divorce. Instead, a legal separation in New York may better effectuate their desires than a divorce. Legal separation requires the parties to enter into a binding separation agreement while their marriage is kept intact. There are several reasons why a person may consider a legal separation in New York over a divorce, at least for now.
In many cases, a person’s medical or other benefits may continue after a legal separation but not after a divorce. This is especially important when a spouse is suffering from an injury or ongoing medical condition. Additionally, many federal benefits require a couple to stay legally married for at least ten years before a spouse is eligible for these benefits.
A common reason why many individuals choose to be separated but not divorced is due to religious reasons. Many religions advocate against divorce unless there are compelling reasons for it. Sometimes individuals feel better and that they are following the tenets of their faith if they separate but do not divorce.
Not as Permanent
In some cases, a couple may be going through a difficult time but are not yet ready for the finality of divorce. They may wish to try a trial separation to test whether they want to be together or not. One spouse may not be ready for divorce. Getting a legal separation can help take the steps necessary to begin the process without the permanence of divorce.