The Pros and Cons of a Legal Separation in Illinois

 Posted on August 08, 2024 in Legal Separation

Some marital situations—though certainly not all—could potentially benefit from a legal separation before filing for a divorce. While not all states allow legal separations, Illinois does.  If you and your spouse are considering a divorce, a trial legal separation can help determine whether your issues can be resolved. Any money earned by either spouse during a legal separation is considered a marital asset, and any debt incurred is considered a marital debt.

There are many good reasons to consider a legal separation—and other reasons why it may not be the right choice for you. Before making this decision, contact an experienced Rolling Meadows, IL family law attorney from Law Offices of Donald J. Cosley to ensure you have all the necessary information. While this is certainly an emotional time, having a knowledgeable lawyer to answer your questions and guide you through the process is essential.  

What Is Legal Separation?

Even in states that have no mechanism for legal separation, a couple can initiate a trial separation on their own. This simply means that they may live in separate homes, spending some time away from one another to determine whether they should proceed with a divorce. States like Illinois that have a legal path to separation may allow couples more financial protections than those that do not.

A legal separation specifies a separation date. This is important, as it can later prevent disagreements regarding the division of marital assets. A legal separation does not leave either party free to remarry until an actual divorce is instigated and finalized. More information can be found in the Illinois statutes that govern legal separation.

What Are the Benefits of a Legal Separation?

There are many benefits associated with a legal separation in the state, including:

• A couple can live apart while still being legally married.
• If health insurance is an issue, a spouse can continue receiving health insurance benefits through their spouse’s employment.
•  Other financial benefits (like tax benefits and the accumulation of retirement benefits) associated with legal separation remain in place during the separation.  
• Legal separation can provide structure and clarity during a period of uncertainty.
• Couples can determine whether they want to remain together or whether the time apart has convinced them that divorce is the best option.  
• If a couple’s religion frowns on divorce, a legal separation could allow a couple to live apart without the same level of social and religious stigma.
• For couples with children, a legal separation gives those children more stability while their parents are figuring out the future.
• If you are worried about your spouse incurring debt during the separation, you can specify in your legal separation how these debts will be handled.
• Separated spouses can still make financial and medical decisions for one another unless otherwise specified in the separation documents.  

What Are the Negative Aspects of a Legal Separation?

While legal separation is a good course of action for some, for others it might just confuse current marital issues further. Some of the "cons" associated with legal separation include:

• You cannot remarry during a legal separation, and you should probably avoid dating as well if your goal is to save your marriage.
• If you do not specify in your separation agreement that any debt incurred by your spouse during this period of time is theirs alone, you could find yourself being pursued by creditors for debt incurred by your spouse during your separation.
•  Depending on the timing of your legal separation, your tax benefits and liabilities could be affected.
• Unless specifically stated to the contrary in the legal separation documents, separated spouses might retain rights to one another’s estate in the case one of them were to die.
• There is no emotional closure from a separation that divorce brings, which could leave you both in limbo.
• While the cost of a legal separation is less than that of a divorce, if you later divorce you are essentially spending more on your divorce.  

Contact an Arlington Heights, IL Legal Separation Attorney

Whether you are facing a legal separation or a divorce, you can benefit from an attorney who is reachable and who personally handles all aspects of your case. When you deal directly with your attorney throughout your legal separation, you develop a bond that includes trust and respect. When you choose Law Offices of Donald J. Cosley, you can rest assured that you have a strong legal advocate who will always fight for what is best for you and your family.  Contact a Rolling Meadows, IL legal separation attorney at 847-253-3100 to schedule your free consultation.