Wednesday, February 18, 2009

Legal Separation or Divorce?

There’s no real advantage to a legal separation if you’re planning to eventually divorce anyway.

The only advantage would be that you could indefinitely cover your estranged spouse through your employer-sponsored health benefits while not being responsible for any debt she might incur during your separation. (IMPORTANT: If you don't drop your ex from your employee-sponsored health benefits as soon as your divorce is finalized, then you risk having to repay your employer for covering your ex from your divorce date until you finally drop her. I've seen this happen several times, too. Ouch!)

So unless you have a need to, or agreement with your soon-to-be-ex, to keep her on your health insurance for more than 6 months, then save yourself some money: skip the legal separation and file for the divorce.

You can always get remarried if you (shudder) change your mind later on.

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