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    Our Los Angeles family law attorneys at the Land Legal Group know California law recognizes legal separation as an alternative to divorce. Legal separation is a term that refers to a court order that officially allows married couples to live separately and determine essential factors like those addressed in a divorce but retain the legal status of marriage.

    The question is, why are some Californians choosing legal separation over divorce? We have answers.

    Legal Separation Over Divorce in California

    Why Are People Choosing Legal Separation Over Divorce in California?

    Choosing legal separation over divorce in California is a deeply personal decision that depends on individual circumstances and preferences.

    There are several reasons why someone might opt for legal separation instead of divorce, including:

    • Religious or Moral Beliefs

    Some individuals have strong religious or moral convictions that prevent them from seeking a divorce. Legal separation allows them to live separately and address financial and custody matters while maintaining their marital status.

    • Healthcare Benefits

    Maintaining a legal marital status may be necessary for individuals who rely on their spouse’s health insurance or other benefits. Legal separation allows spouses to live apart while retaining certain benefits tied to the marriage.

    • Social Security and Pension Benefits

    Some individuals may prefer legal separation to continue benefiting from their spouse’s Social Security or pension benefits, often requiring a legal marriage for eligibility.

    • Tax Considerations

    Tax implications can be a factor in choosing legal separation. While tax laws can change, some individuals may find that filing taxes separately as legally separated spouses provides certain advantages.

    • Time for Reflection/Hope of Reconciliation

    Legal separation provides a period of separation without immediately ending the marriage. This time can allow spouses to reflect on their relationship, explore counseling, and make decisions about the future without the finality of divorce.

    It’s important to note that legal separation in California involves a legal process similar to divorce, including resolving issues like property division, spousal support, child custody, and child support, when applicable.

    However, legal separation does not legally terminate the marriage. If spouses later decide to divorce, they can convert the legal separation into a divorce — including the framework they have in place.

    Contact Our Skilled Family Law Attorneys in Los Angeles

    If you have questions about legal separation vs. divorce and how each may impact your future, contact our team of skilled family law attorneys in Los Angeles at the Land Legal Group by calling (310) 552-3500 today.

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