Family, Criminal & Children's Court Attorneys Since 1991

3 reasons a legal separation may be preferable to divorce

On Behalf of | Nov 28, 2023 | Divorce |

When a relationship reaches its breaking point and becomes irreparable, most couples begin to consider divorce. However, this may not be the ideal solution for all couples who want to sever their personal relationship.

A legal separation under Wisconsin law presents a compelling alternative and may offer couples a way to live apart while maintaining the legal ties of marriage. Here are three possible advantages of getting a legal separation instead of a divorce.

Preserves marital status and benefits

Legal separation, unlike divorce, does not dissolve a lawful marriage. It is crucial to understand this distinction if you want to retain certain benefits associated with your marital status.

For instance, spouses who choose legal separation over divorce may continue to share health insurance coverage, tax benefits and other rewards.

Addresses finances and child matters

You can address the same issues in a legal separation that you deal with when getting divorced. That means you and your spouse can still obtain court orders regarding marital property, alimony and child-related matters.

Since legal separation works like divorce, couples can negotiate until they reach a mutually acceptable agreement.

Accounts for religious considerations and reconciliation

For couples with strong religious beliefs that prohibit divorce, legal separation offers an alternative. It allows you to end your intimate association without violating your faith.

Separating can also provide a period of reflection and evaluation, allowing couples to ensure reconciliation is not possible.

As you can see, legal separation presents a possible option when preserving the legal bonds of marriage is a high priority. However, since it is a legally binding process and arrangement, experienced legal guidance may help to protect your rights.