For couples seeking an end to their marriage, a legal separation can sometimes be a preferable alternative to divorce. Legal separation allows couples to live apart and settle important issues like child custody, division of property and financial support without ending the marriage.
This option may appeal to couples who are not ready for a permanent split but need time apart to reassess their relationship.
The potential for reconciliation
Some couples may wish to repair their relationship with time and counseling. By legally separating, they can address immediate concerns like living arrangements and finances while leaving the door open for the possibility of reconciling in the future. Divorce, on the other hand, legally ends the marriage and does not allow for such flexibility.
Protecting business interests
If one or both spouses own a business, legal separation may provide the time needed to decide how to handle those interests. The couple can determine how to divide business interests or manage them temporarily while exploring long-term solutions. This may be preferable to divorce, as the complete dissolution of a marriage can sometimes necessitate liquidating a family business entirely. Legal separation gives them time to focus on the future of the business without the finality of a divorce.
Resolving child custody issues
Ohio law allows couples to create temporary child custody arrangements during a legal separation. This helps protect the best interests of the children while the couple determines the future of their marriage. Child support and visitation rights are often decided in the same way as they would be in a divorce.
For some couples, legal separation provides a way to remain married for personal, religious or financial reasons. In situations where a couple wishes to maintain certain benefits, such as health insurance or tax advantages, legal separation may allow them to address personal concerns while still receiving these benefits. Whether for personal, financial or child-related reasons, it can be an effective alternative to divorce for many couples.
