This is the next post in my series on the options for Melbourne, Florida spouses who wish to file for a “legal separation.” My last article discussed child custody options for separating spouses and I have previously discussed the fact that Florida does not recognize the concept of legal separation. In spite of the legal complications for those who wish to remain married, there may be certain benefits in doing so. I will use this article to discuss the reasons why spouses may choose to not file for divorce. If you require assistance then contact my office today to speak with a lawyer.
There are times when spouses wish to go their separate ways but do not wish to file for divorce. There may be several reasons for such a desire. The first can revolve around religious beliefs. Another reason to choose a separation may relate to health care or the vesting of retirement benefits. Separating can allow spouses to go their own ways with Spouse 1 keeping Spouse 2 as a dependent on their healthcare plan. Also, many retirement plans allow for “survivor” benefits to a spouse but not to other parties. An agreed upon separation can meet these types of goals.
There are instances, however, in which the parties may feel they wish to separate while, in fact, a divorce may be in their best interests. It is not uncommon for couples to go through a “trial separation” only to later file for divorce. Such parties may have spent significant money on legal filings, for the separation, only to then have to incur additional costs to go through the divorce. If parties are considering separating then it is generally suggested that they be open and honest with themselves as to whether there is a chance that they will reconcile with their significant other. If you honestly believe that you and your spouse cannot reconcile, and there is no legitimate reason for you to stay married, then you may possibly save yourself time, money, and aggravation by immediately filing for divorce.
If you or a loved one are considering separating or divorcing from your partner then it is important that you understand all of your legal options before doing so. As a Melbourne family law lawyer I am able to assist with the decision making process. Contact my office today to speak with an attorney. We also service clients in the Brevard County cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid.