Key Takeaways:
- Legal separation in Colorado follows the same legal process as divorce, including property division, custody, and support, but the couple remains legally married.
- A legal separation can preserve benefits that depend on marital status, such as health insurance coverage, military benefits, and the ability to file joint tax returns.
- After a legal separation decree, new debts and assets are financially separated, protecting each spouse from future liability for the other’s financial decisions.
- Legal separation may be preferred for religious, personal, or strategic reasons, especially for couples who want independence without permanently ending the marriage.
- A Colorado legal separation can be converted into a divorce after a 182-day waiting period if either spouse later decides to dissolve the marriage.
When a marriage is no longer working, divorce may seem like the only option, but for some couples in Colorado, legal separation offers a more flexible and less final alternative. Legal separation allows spouses to live apart while remaining legally married, providing many of the same protections and agreements as a divorce, including decisions on property division, child custody, and spousal support.
A legal separation isn’t the right choice for everyone, because even though you will go through all the same processes as a divorce (dividing property, calculating maintenance, creating a parenting plan if there are children, etc.), you will still be married at the end of the process. However, it can be a strategic and meaningful step forward for those who are unsure about ending their marriage permanently, want to maintain certain benefits like health insurance, or have religious or personal reasons for avoiding divorce. If you can no longer stay in your marriage but don’t want a divorce, our Colorado legal separation attorneys can advise you on your options.
Based in Colorado Springs, Ascent Legal Group advises clients on a range of Colorado family law matters. We can help you make the best decision for your unique situation, whether that means seeking a divorce or a legal separation. Contact our law offices today to schedule a free consultation with a seasoned Colorado divorce attorney.
What Is Legal Separation?
In Colorado, there are two legal options for couples who no longer wish to be married. Divorce, or dissolution of marriage, allows a couple to legally end their marriage. To be granted a divorce, the couple will have to go through a legal process through which decisions about the division of assets, alimony, child custody, and child support are decided.
Legal separation has all the same legal steps as a divorce, but does not end in the dissolution of the marriage. A couple who goes through the legal separation process will still split up their debts and assets, decide on child custody, and more. However, they won’t be free to marry other people because they will still be married in the eyes of the law. It is possible to convert a legal separation to a divorce after a 182-day waiting period.
As mentioned, the legal process for legal separation is the same as for a divorce. This includes:
- Filing a petition for separation, either jointly or with one spouse filing.
- Make the necessary financial disclosures.
- Negotiate a legal separation agreement to decide on issues such as property division, spousal maintenance/alimony, child custody and visitation, and child support.
- If it isn’t possible to negotiate an agreement, go to trial, where the judge will ultimately make a decision on any outstanding issues.
- Obtain a decree of separation from the court.
Typically, legal separation is just as time-consuming, complex, and costly as a full-blown divorce. Each spouse should have their own Colorado Springs family law attorney to represent them in the matter. This often brings up the question of why a couple would choose a legal separation over a divorce.
Advantages of Legal Separation in Colorado
For many couples, it makes far more sense to get divorced than it does to get legally separated. That being said, there are certain benefits to choosing legal separation over divorce. Our law firm can counsel you on your options and help you make the best choice for your unique situation.
Tax Benefits
Filing taxes jointly as a married couple can come with certain tax advantages. When you get divorced, you may ultimately take a hit when it comes to taxes. This is one reason why a couple might choose to get a legal separation instead of divorcing.
In most cases, filing a joint tax return is more advantageous than filing as a single person. It can mean more deductions, tax credits, and exemptions. Ultimately, this may lead to lower taxes.
With a legal separation, you can live separate lives yet still remain married under the law. This allows you to file taxes jointly with your spouse. While this may not be enough for some people to choose legal separation over divorce, it can be an important consideration when weighing your options.
Maintaining Health Insurance Coverage
In many families, one person carries the health insurance coverage for everyone through their job. A divorce would mean that one spouse would lose their health insurance. While they may be able to purchase a plan on the health insurance marketplace or get coverage through their own job, this can be costly.
In many cases, a legal separation allows a spouse to continue to receive health insurance benefits from their ex because they are still legally married. Of course, each insurance policy is different. Some policies might consider legal separation to be a qualifying event that would terminate coverage. It is always important to check the terms of your policy before making a big decision such as this.
Legal separation might be a good option if one spouse is approaching retirement age but isn’t yet eligible for Medicare. This couple can separate while both remain enrolled in their current health insurance plan. When a spouse becomes eligible for Medicare, then they might choose to change their legal separation to a divorce.
If a couple has military benefits like TRICARE coverage, then legal separation may allow a former spouse to continue to access healthcare. Generally, a former spouse can only stay on TRICARE if certain requirements are met (including rules regarding the length of marriage and military service). With a legal separation, the non-military spouse can still get these benefits because the couple is still legally married.
Religious Considerations
In many faiths, divorce is frowned upon or even considered taboo. In some religions, divorce is flatly forbidden. This can present a conundrum for couples who no longer want to be together but also want to abide by the doctrines of their faith.
For couples in this situation, a legal separation may be a viable alternative to divorce. A separation will allow a couple to physically separate and live their own lives while still complying with their religious beliefs. They will remain married but can split up their assets, work out a custody schedule, and other details of their split.
For religious couples, legal separation represents a middle ground. It allows them to remain true to their religious principles while gaining independence. This is a common reason to choose legal separation over divorce and is something that our Colorado Springs legal separation attorneys can explore with you as an option.
Concerns for the Children
In a legal separation, a couple will decide issues like parenting responsibilities (child custody) and child support. They will typically also establish separate residences, but some may choose to live together. This may even include alternative arrangements, such as nesting.
For some couples, there is a benefit to remaining officially married for the sake of the children. A legal separation allows them to separate while still being married, offering continuity for the kids. While there are also benefits to the finality of divorce, parents know their kids best. In some situations, a legal separation might help to reduce anxiety while the family as a whole adjusts to the new dynamics.
Setting Financial Boundaries
When you are married, the assets and debts that you accrue are generally considered to be marital property. This means that in a divorce, you will split any property and debts in an equitable manner.
If you believe that you can’t live with your spouse any longer but aren’t sure that you want a divorce, a legal separation is a good stepping stone. It offers a huge advantage over an informal separation because it essentially draws a line in the sand when it comes to your finances. This can be crucial if your spouse is financially irresponsible or if you want to shield your future assets from being divided in a divorce.
In a legal separation, you will divide your property and debts just as you would in a divorce. If your partner racks up any debt after your legal separation is finalized, you won’t be responsible for it. This can make it a much better alternative than simply splitting up without going through any formal legal process.
Determining If Legal Separation Is Right For You
Even if you understand the benefits of legal separation, it can still be difficult to determine if legal separation would be right for your unique situation. There are a few questions you can reflect on to help determine whether or not legal separation would make sense for your case.
- Do you want to legally stay married for now (possibly for religious reasons or to trial what a divorce would be like)?
- Do you need access to existing benefits that you wouldn’t be able to acquire on your own?
- Do you need physical or financial boundaries, but don’t want to divorce?
- Will you be able to collaboratively work together to make decisions, or do you expect the process to be combative?
If you answered yes to any of the questions above, then legal separation might be right for you. Of course, an experienced Colorado divorce attorney can help evaluate your current situation and goals to help verify whether or not you should pursue legal separation.
Reach Out for a Free Initial Consultation with a Colorado Legal Separation Attorney
While legal separation isn’t the best solution for every situation, it can be a way to move forward with your life while remaining legally married. This divorce alternative can be particularly important to people whose religions forbid divorce or for financial reasons (such as taxes or health insurance). Our legal team can analyze your situation and offer you legal advice on the best option for you.
At Ascent Legal Group, we offer careful, considered legal representation in Colorado family law matters. We know that family law requires flexibility, as one-size-fits-all approaches rarely work. We craft customized strategies for our clients that are designed to help our clients achieve their goals, whether that means divorce or legal separation. To learn more or to schedule a free 30-minute consultation with a Colorado legal separation lawyer, give us a call at 719-256-0067 or fill out our online contact form.
