Newport Beach Alternatives to Divorce Lawyer
For those people whose marriages are no longer a viable option, but who do not wish to divorce their spouse, there is an option. Legal separation allows a married couple to create a new paradigm for their lives while retaining their marital status. The same issues that are part of a divorce are resolved in a legal separation.
- Child custody and visitation
- Child support
- Spousal support
- Property division
At Violet P. Woodhouse, APC, Orange County legal separation attorney Violet P. Woodhouse can help you come to a full understanding of the advantages and limitations of legal separation. Additionally, her status as a CERTIFIED FINANCIAL PLANNER™ and Certified Family Law Specialist, conferred by the State Bar of California Board of Legal Specialization, can provide you with real guidance on the financial and tax aspects of your legal separation.
Why Legal Separation Instead of Divorce?
There are a number of reasons why a couple would want to pursue a separation agreement rather than a divorce. The key difference is that legal separation allows you to build a new life while remaining married. For some people, religious or personal opinions about divorce and marriage may keep them from ending the marriage while they, for whatever reason, are no longer able to lead a life with their spouse.
A commonly held myth is that a judgment for legal separation preserves employer related medical and retirement benefits for legally separated spouses of the employee as if the parties were still married. However, the federal law for dependent spouses to maintain group medical insurance (COBRA) clearly states that absent COBRA continuation coverage, medical insurance benefits are lost. Furthermore, the Internal Revenue Code §7703(a)(2) clearly states parties who are legally separated by a decree "shall not be considered as married". To preserve various benefits (if even possible) specialized orders must be signed by the court, which are virtually identical to those required in a divorce. The bottom line is both processes are relatively similar, with one allowing you to remarry and the other not. The net effect is you are no longer spouses. If you are worried about the effects one vs. the other would have upon your healthcare or retirement benefits, consulting with an experienced legal professional may prove invaluable. If these issues are critical to you, consider other options, including the use of a post marital agreement. This allows the parties to divide their entire estate, live separately, and maintain important benefits, such as health, retirement, etc.
Contact Us
For help understanding how a legal separation may be advantageous for your particular situation, turn to the law firm of Violet P. Woodhouse, APC, in Newport Beach, California. Our experience and focus on financial matters help us provide you with an informed analysis of the impact legal separation will have on your access to benefits. Call 949-467-9146, toll free at 866-934-1764 or simply contact us online to schedule your initial consultation.
