Workers Compensation 101

« Back to Home

Deconstructing Divorce: Going With A Legal Separation Due To Religious Reasons

Posted on

For many people who are religious, marriage is as much a religious institution as a social institution. Many religions discourage or even outright forbid divorces. If you are a member of a religion that bans divorce, but you and your spouse no longer wish to be together, you can explore a legal separation. Here are some reasons why a legal separation is a good measure for those who need to be on the cusp of legal marriage but lead separate lives. 

You can qualify for insurance and social security

If you and your spouse have depended on one another financially in order to make the household budget work, you may find issues with balancing your budget. If you and your spouse depend on one another for income and other expensive items such as family medical insurance, social security benefits in the future, and life insurance, staying legally married, but legally separated is a good way to still pool family assets. If someone does pass on during the separation, survivor benefits and other family assets are easier to get for the estranged spouse and children. 

You can still put your spouse in charge of your care

There are more reasons for getting divorced than disliking one another. If you and your spouse are good friends or still care for one another but just no longer prefer the partnership, you may still trust them more than anyone else. Once you get divorced, your next of kin will no longer be your spouse, but will instead be your children, siblings, or parent. If you trust your estranged partner the most, legal separation still makes them your next of kin if you get into an accident and need them to help make medical or legal decisions. 

Assets still belong to the family

When a divorce happens, familial assets are divided between the couple. Division of assets can be difficult when it comes to divorces for long-term marriages. If you and your spouse have a trust or familial assets that you would prefer not to break up for the sake of the children's inheritance, a legal separation makes this much easier. When you purchase property while separate, your spouse will be informed of the purchase and is still legally entitled to the property if purchased with marital assets. Keeping these properties within a joint trust for the children that you have together is easier to manage while not divorced. 

Religious life can remain intact

If you are concerned with religious issues such as excommunication due to divorce, being separated is a good compromise that avoids most issues. In some religions parents, children, or even both groups can be removed from religious membership due to a legal divorce. Separations are more common and tend to be tolerated, especially in many Christian congregations. This will allow each person to lead a separate life but still maintain the religious permanence of the marriage.

If you're looking for a divorce attorney, visit LaCroix & Hand PC.


Share