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Separation does not always lead to an immediate divorce

On Behalf of | Jul 11, 2018 | Divorce | 0 comments

When entering into a marriage in New Jersey it is almost always with the thought that it will be a marriage that lasts. While this holds true in many cases, separation and divorce are still a common occurrence in today’s society. Depending on the situation, a couple may decide to separate, but they may not plan to divorce right away. There are many reasons for this.

If there are children involved they may decide to co-parent and not see the need to immediately divorce. Some even continue to live under the same roof. There can also be financial reasons for deciding against an immediate divorce.

While separated but still married, a couple is considered married for tax and legal purposes. The couple can continue to file a joint return, but if taxes are owed both are responsible for the amount due. Another reason couples may choose to remain married, even if they are separated, has to do with health care. If one partner is providing health care through a job to the other they may choose not to divorce. If a couple is older they may decide to stay married until they become eligible for Medicare.

There are potential benefits to separating but not immediately divorcing. If a person in New Jersey is considering the possibility of a separation he or she could possibly benefit from discussing the positives and negatives of such an arrangement with an experienced family law attorney. A knowledgeable lawyer can assess his or her client’s particular situation and help him or her determine the most suitable path to take.


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