I wrote a blog back in the spring on the reasons someone would consider a legal separation instead of a divorce. The blog is here: Why choose a legal separation rather than a divorce? – Bridgeport, CT Metro/Family and Personal Injury Law Blog | Brian D. Kaschel
But as I was writing a recent blog it hit me. There may be another reason to choose a legal separation over a divorce. Social security benefits. The operative date for the “10 year rule” is the date of divorce; not the date of legal separation. Therefore, a spouse may wish to put off a divorce and choose a legal separation at least until the 10-year mark.
Read about the “10 year rule” of social security here: Social Security benefits and divorce – the 10 year rule – Bridgeport, CT Metro/Family and Personal Injury Law Blog | Brian D.
A legal separation is similar to a divorce in terms of how the case proceeds though the court. In addition, the law which applies to a legal separation, is the same as in a divorce when determining custody of children, support orders and property distribution.