Article provided by: Positive Solutions Divorce Services®
There are distinct differences between legal separation and divorce. For starters, legal separation is an option couples can take if they want to continue living as a couple but are unsure whether they should have a divorce. Both legal separation and divorce require couples to discuss child custody, property division, visitation, and spousal support. There are pros and cons of legal separation and Ontario divorce.
Once you get a divorce, you and your spouse stop living as husband and wife; your status changes to single or unmarried. Unlike separation, divorce is permanent and is often issued by a judge’s decree formally ending your marriage with finality. Since the spouses become single after a divorce, they can remarry and file individual tax returns.
This option allows couples to live separately and apart but remain legally married. The status of couples who have been legally separated does not change to single or unmarried. Like divorce, legal separation is issued by a judge. Although legal separation may ease the tension that existed between couples, it does not end the marriage.
Legal separation is different from separation. It involves much more than simply moving out of your marital home. Some spouses may live separately and apart for years. However, this does not qualify as legal separation. A separation becomes legal once a court grants a spouse a judgment of legal separation.
Pros of Legal Separation
Legal separation offers couples some time apart to see if they can fix their relationship. Many couples who file for legal separation end up making up and avoiding divorce. In addition, couples who are legally separated can continue using each other’s insurance coverage. This is an essential benefit for spouses who do not have health insurance.
Legal separation comes with tax benefits that may help spouses gain some form of financial stability before getting a divorce. In addition, legally separated couples may qualify for higher social security and pension benefits.
Legal separation allows couples to resolve the ethical and religious issues associated with divorce. However, it can also simplify the divorce process in case the spouses fail to find a resolution.
Cons of Legal Separation
Like divorce, legal separation has its costs, which can be relatively high in some cases. In addition, legal separation can be emotionally exhausting as spouses are sometimes not sure if they are working it out or biding time waiting for the inevitable.
Some insurance policies do not extend coverage to separated spouses. In addition, some couples may take advantage of legal separation to use jointly owned resources, including money in joint and investment accounts.
Pros of Divorce
One of the most significant advantages of divorce is it puts an end to abusive marriages. In addition, it allows spouses to enjoy their newfound freedom and date new people. Divorce also enables spouses to reconnect with their children.
Cons of Divorce
A considerable drawback of divorce is it often leaves children feeling torn and confused. Divorce is difficult for spouses, but it can be harder for children than their parents. In addition, divorce is draining, both financially and emotionally. Divorce does not only divide families, but it also divides friends, kids, and coworkers as friends and families take sides.
Divorce and separation can be difficult for parents and children, necessitating the need for practical and affordable divorce solutions in Ontario. The experts at Positive Solutions Divorce Services can help minimize the adverse effects of divorce or separation by providing effective Ontario mediation and divorce solutions. Please contact us today at 888-779-8777 for family mediation in Ontario.