In Arizona, one has the option of getting a legal separation. With a legal separation, married couples remain married, but the Court divides all assets and debts, and decides the issue of spousal maintenance. Where children are involved, the Court also decides the issues of child custody, child access and child support. The process to get a legal separation is basically the same as that of a divorce.
Why would someone want to get legally separated? First, the parties may want to get back together. The legal separation allows parties to live separately and have their finances determined in the interim. Second, some religions frown on divorces.
There are also some financial reasons people stay married, even though they want to live separately. The following are some possible advantages. However, readers are cautioned to examine each one carefully with an appropriate professional to determine if the reasoning applies to them:
1. If a marriage lasts ten years or more, a spouse may be entitled to more Social Security benefits.
After ten years of marriage, a divorced person at his/her full retirement age who has not remarried may be entitled to 50 percent of his or her ex-spouse’s entitlement,
if it is more than his/her own benefits.
2. A legally separated spouse may be able to stay on his / her spouse’s health insurance.
Generally a divorced person cannot stay on his/her ex-spouse’s insurance.
3. Married people may get a tax benefit from filing jointly. One would have to check with his/her accountant to determine if he/she can file jointly if legally separated.
4. One may be able to continue to use some military benefits.
If you are contemplating legal separation or divorce, it would be worth your while to learn about mediation. Mediation is the cooperative, less expensive, less acrimonious and less time consuming way to handle either a legal separation or a divorce.
Alona M. Gottfried is a family law mediator and attorney in Arizona. If you have questions about mediation, she can be reached at: 480-998-1500 or alona@sglawaz.com. This is a general interest article only and is not intended to be legal advice. See a legal professional before making legal decisions.
Simmons & Gottfried, PLLC
8160 E. Butherus Dr., Suite #7
Scottsdale, AZ 85260
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