Legal separation can be a preferable option to divorce for some couples. Here’s when, experienced Denver divorce attorneys explain.

Legal separation can be a preferable option to divorce for some couples. Here’s when, experienced Denver divorce attorneys explain.

When a married couple is ready to officially separate, they have two options in the state of Colorado – they can divorce, officially ending their marriage, or they can legally separate.

With a legal separation, a couple will still legally be married, but they will separate financially so that neither party is responsible for the other’s debt, taxes, etc. (except for as stipulated in a decree of legal separation).

While you may think that divorce is always a preferable choice for ending a marriage, in some cases, legal separation may be a better option for couples. We’ll point out these cases below.

Legal Separation Can Be a Better Option When…

  • A couple may want to test their separation, but they are not quite ready to end their marriage altogether.
  • One spouse needs to maintain health care benefits under the name/policy of the other spouse (in contrast, divorce would typically end this coverage).
  • A couple does not want to divorce for religious reasons (i.e., divorce violates their religion), but they still want to separate.
  • A spouse would qualify for benefits under the Uniformed Services Former Spouse Protection Act if the marriage lasts longer (i.e., a minimum of 10 years).
  • A couple would qualify for Social Security benefits if the marriage lasts at least 10 years.
  • A couple wants to continue to file taxes jointly to take advantage of certain financial benefits/savings.

Legal Separation in Colorado: More Important Info

  • Although the impacts of divorce versus legal separation can be different, the legal processes for both of these options are quite similar (in that the same paperwork needs to be completed/submitted to the court, etc.).
  • This means that issues like the division of property, the allocation of marital debt, parenting time with children, etc. will come into play during legal separations, as they do in Colorado divorce cases.
  • A legal separation will remain in place until or unless the couple is ready to change their relationship. In fact, while a decree of legal separation can be terminated (to resume a marriage), it can also be converted into a divorce decree (if/when couples decide they are ready to move forward with a divorce).

Denver Divorce Attorneys at the Law Office of Bruce H. Rabun, LLC

When you are ready to end your marriage or need help resolving any family legal issue, you can trust the Denver divorce attorneys at the Law Office of Bruce H. Rabun, LLC to provide you with caring, aggressive representation and the highest quality legal services.

While our Denver divorce attorneys will always clearly explain your options and be responsive to your concerns, they will also apply their extensive knowledge of Colorado law, as well as their vast legal experience, to your case to help you develop innovative solutions for your sensitive and important family law matters.

To get professional advice about your family law issues and find out more about how he can help you, call (303) 221-7899 or email our firm using the contact form on this page. From our office in Centennial, we represent people throughout the Denver metro areas, Arapahoe County, Douglas County and Jefferson County.

Categories: Divorce