Divorce/Seperation
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| Thu, 08-16-2007 - 4:35am |
I'm not sure if this is the right place to ask this but, I am getting ready to leave my husband. What is the difference between a divorce and a seperation? In my mind, a seperation is just a pre-curser to the real thing... DIVORCE. Are there any financial advantages to a seperation first? There is nothing to talk about, no young children, and really not much to divide. I read someplace that during a seperation the spouse who has been supporting the other finacially; usually continues to suppport them, but I have no idea if this is true or not. My main concern if $, to be honest it is the main reason I have stayed the last 5 years. Before that it was my kids, but now, after 34 years of marriage, and seeing my 4 kids grow up, I am ready to leave. There is no reason to be lonely with a person, I'd rather be lonely on my own..:)
Thanks!

Hi there.... Welcome to the board.
In my opinion, the only reason for a formal separation (as in having documents drawn up to outline who will do what when and where as far as the day to day mechanics of bill paying, etc) is if you aren't sure you're ready to divorce.... if there could be a reconciliation down the road.
Karen ~ wildlucky4me ~
I don't have alot of time, but I think you need to talk with a lawyer. It is quite complicated really and the laws in states vary. In my state, if there are children, you must be separated for a year before you can file for divorce, for example.
Advantages to separation is that one party can remain on the other's health insurance, etc. You can fine joint tax returns which saves on taxes, etc.
There are risks to being separated and not divorce, most if one party is financially irresponsible.
Support -- well, in my state, separated or divorced a spouse who has been a dependent (I am a sahm, for example) can claim spousal support. In your case, married so long, you may be able to get permanent spousal support.
Talk to a lawyer.
M