Why Do Some Couples Choose Separation Over Divorce?

When a marriage isn’t working, a couple could make the decision to separate. While some view separation as a step toward divorce, others choose to live apart but stay married. If you are considering remaining separated indefinitely, it’s important to understand the legal implications. Talk to a Bucks County family attorney about why legal protections are still necessary, even if you don’t pursue divorce.

Can I Stay Separated Forever?

Yes, throughout Pennsylvania, including in Bucks County, there is no legal requirement that couples must divorce after separating. You can choose to remain married as long as both parties are comfortable with the arrangement. Some do this for years or even decades without ever formalizing a divorce.

There are several reasons why a couple might choose to stay separated rather than divorce.

• Financial considerations. Divorce can have a significant financial impact. Some couples choose to remain separated to maintain certain financial benefits, such as shared health insurance, retirement benefits, or tax advantages that might be lost through divorce.
• Religious beliefs. For some individuals, divorce may conflict with their religious or personal values. They may prefer to stay legally married while living separate lives rather than pursuing a formal divorce, which may be prohibited or frowned upon by their faith.
• Emotional disruptions. Some couples find the legal process of divorce too emotionally draining, especially if they have a relatively amicable relationship. For these couples, separation provides a way to live apart without going through the complexities of divorce.
• Family dynamics. Couples with children may choose to remain separated to maintain a sense of stability for their children or to avoid the complications of child custody and support negotiations that can accompany a divorce.

The reality is that some couples find it more practical to live separately but stay married. This could be the case if you and your spouse are already living separate lives and your day-to-day circumstances aren’t significantly impacted by staying legally wed.

What Legal Protections Should I Think About?

Even if you choose not to divorce, it is crucial to have legal protections in place to safeguard your financial and personal interests. For example, it’s still important to have an agreement in place that outlines how property and assets will be handled during the separation. This prevents disputes down the line if one spouse accumulates significant debt or assets.

Staying married means your spouse will likely still have legal authority over decisions related to your health care and finances, too. Talk to a Bucks County family attorney about establishing clear legal documents, such as powers of attorney and health care proxies if you want to be sure that someone else you trust is able to make these decisions on your behalf if necessary.

Where have you decided to live after disagreements with your spouse? While it is entirely possible for couples to remain separated without divorcing, legal protections are still essential to avoid disputes and protect your rights.  Have a conversation with the legal team at Kevin L. Hand, P.C. to learn more. Call 215-968-6602.