For starters, a legal separation is similar to a divorce. The same laws apply in Bridgeport and Stamford Family Court regarding custody, child support, alimony and property distribution.

Keep reading to see whether you should seek a divorce or legal separation.

1. The Social Security 10 year rule. As a general rule, if a marriage has lasted ten years, a divorced spouse who has not remarried may elect to collect benefits based on their former spouse’s earnings. So you may wish to choose a legal separation until you meet the ten-year mark.

2. Health insurance. In some instances, a spouse can remain eligible for health insurance coverage while legally separated. This is especially beneficial if the spouse has a pre-existing medical condition, which would make obtaining other insurance costly. Check the plan to see whether a spouse who is legally separated can remain covered under a health insurance policy.

3. Potential military benefits. Military spouses must be married 10 years to obtain benefits under the Uniformed Services Former Spouse Protection Act.

4. Religious reasons. Spouses may be opposed to divorcing based on their religious beliefs.

5. Potential reconciliation. The spouses may need some time away to gather their thoughts about their relationship without the finality of divorcing.

The length of legal separation is indefinite. The parties will remain legally separated until the legal separation is converted to a divorce or the parties resume marital relations and request that the court vacate the legal separation.

But remember, if you are legally separated you cannot remarry. Therefore, if another marriage is contemplated, you must get divorced.

Connecticut Legal Separation Attorney

I represent clients in Connecticut Family Court and Divorce proceedings though out Fairfield County including those who reside in Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.

Please email me or call me in Stamford at (203) 356-1475 or in Fairfield at (203) 259-5251 if you have questions about the Connecticut legal separation process.

 

CategoryDivorce

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