Why Legal Separation May Occasionally be Preferable to Divorce

Taking a break from your marriage rather than applying for divorce may be a less scary alternative when you are unsure of what you want to do. Get help from an Appleton divorce attorney if you need legal help. In some cases, a legal separation may be preferable to divorce for the following reasons: 

  • Legal Separation in Wisconsin 

A pair or individual may formally separate in Wisconsin by filing the appropriate paperwork. According to Wisconsin law, a court can decide on property division, custody of children and placement, spousal support, and other issues throughout a legal separation. A divorce can address all of these identical difficulties, but a legal separation does not affect the couple’s status as legally wedded spouses.

  • Gains from Legal Separation 

Although a divorce can have equal outcomes, legal separation has advantages in some circumstances. 

When the other spouse’s health insurance covers one partner, a legal separation has a large positive impact. Based on the insurance arrangement, a legal separation can allow the dependant spouse to keep their coverage, whereas divorce automatically ends that coverage. Since many people can no longer afford out-of-pocket health insurance, this may be the only way for a divorcing spouse to continue having affordable coverage.

  • Withdrawal of Provisions in Advantage of Former Spouse: 

According to Wisconsin law, certain legal provisions are revoked in favor of a former spouse. For instance, a power of attorney or another document that gives a person’s ex-spouse or spouse fiduciary responsibility won’t be valid if they get divorced. 

Legal separation enables a couple to spend time away without going against the principles of their faith if one or both spouses have religious convictions that forbid divorce. Similarly to this, one or both parties may have particular moral reservations about divorce or desire to continue their marriage for purely private reasons. Whatever the circumstances, a couple can have a workable manner to live apart while still being legally married with the aid of legal separation. 

  • Reconciliation Possibility: 

When couples decide to split officially, they can safeguard their rights, settle all important matters amicably, and allow reconciliation. They can lawfully halt their efforts to achieve reconciliation if they seek counseling and determine that they want to return to their married status.

Most concerns could have already been resolved if you divorce: After a year of living apart, either party may file a petition to change the case’s status to divorce if the pair decides that divorce is in their best interests. Most, if not all, of the difficulties may have been settled by that time by the couple.


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