A Connecticut legal separation is similar to a Connecticut divorce – the same laws apply regarding custody, child support, alimony and property distribution.
In addition, the court filing fees are the same. Some spouses opt for a legal separation because they think it is “cheaper.” Sometimes the legal fees are indeed less but not always.
A few considerations to help you decide whether to file a legal separation or a divorce:
1. The Social Security 10 year rule. As a general rule, if a marriage has lasted ten years, a divorced spouse who has not remarried may elect to collect benefits based on their former spouse’s work record. Therefore, many spouses choose a legal separation until they meet the ten-year mark. Smart.
2. Potential military benefits. Military spouses must be married 10 years to obtain benefits under the Uniformed Services Former Spouse Protection Act. Again – smart.
3. Health insurance. In some instances, a spouse can remain eligible for health insurance coverage while legally separated. This is especially beneficial if the spouse has a pre-existing medical condition, which would make obtaining other insurance costly. Whether a spouse can remain covered under a health insurance policy is determined by the insurance plan; not a judge. Check on this now.
4. Religious reasons. Spouses may be opposed to divorcing based on their religious beliefs. Yes – this does happen.
5. Potential reconciliation. The spouses may need some time away to gather their thoughts about their relationship without the finality of divorcing. Keep the door open.
The length of legal separation is indefinite. The parties will remain legally separated until the legal separation is converted to a divorce or the parties resume marital relations and request that the court vacate the legal separation.
If you are legally separated you cannot remarry – you are still married even though it might not feel like it. Therefore, if you wish to get remarried, you must get divorced. No bigamy in Connecticut.
Consultation and Representation
I represent clients in Connecticut Family Courts through out Fairfield and New Haven Counties including those who reside in Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford, Greenwich, Shelton, Orange and Milford.
Please email me or call me in Stamford at (203) 356-1475 or in Fairfield at (203) 259-5251 to schedule a consultation regarding a Connecticut legal separation or divorce.