Long-Term Separation vs. Divorce

 Posted on November 07, 2013 in Divorce

For many divorcing couples, a long-term separation may seem like the ideal way to warm up to the idea of marriage dissolution and determine if it’s really the best move for you and your partner. According to The New York Times, long-term separation works very well for some couples experiencing marital trouble. For one couple, John Frost and his wife, they see no need to divorce though they don’t even live in the same city. “Since separating we get along better than we ever have,” Frost told the Times. They still file joint tax returns and she’s still covered by his insurance. “To tie a bow around it would only make it uglier,” he says. “When people ask me about my relationship status, I usually just say ‘it’s complicated. I like my wife, I just can’t live with her.’” During the Great Recession of 2008, according to the National Marriage Project at the University of Virginia, “among those who were considering a divorce prior to the recession, a large minority of couples say the recession caused them to postpone or put aside divorce.” This meant that more unhappy couples were living together than ever before because they had no other option—but it also meant that many couples were opting for legal or long-term separation rather than divorce to save on divorce costs. Surprisingly, less than 30 percent of surveyed couples said that the recession brought financial stress to their marriage, which means that most couples that divorced during the recession likely were headed in that direction anyway. The idea that a long-term trial separation before a divorce is a good idea may not be true for everyone, however. According to Forbes, “without a formal legal agreement that defines its terms, long-term separation can be a recipe for financial disaster.” This is especially the case for women. According to Forbes, reasons that a long-term separation without divorce can be disastrous include (but are not limited to):

• An opportunity for the primary earner spouse to hide assets
• A chance that your spouse’s financial situation will change and you could get less
• Either one of you could meet someone new

If you or someone you know is considering divorce, the most important first step is to contact an experienced family law attorney. Don’t go through it alone. For a consultation to learn how we can help you, contact Goostree Law Group today.