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Turco Legal Blog

Turco Legal Blog - Family Law and Foreclosure Law

Aug 02
2010

The Un-Divorced

Posted by: Damian Turco

A recent NY Times article discusses couples choosing long-term separation over divorce. While there can be many reasons for such an arrangement the majority of times the motivation for maintaining the marriage is financial. The combination of a depressed real estate market and the recent economic downturn are keeping many married couples together but separated. Among the financial reasons for couples to stay married are tax breaks, health care coverage, and Social Security benefits. Some couples opt to stay married solely so one spouse can continue to have access to health benefits that he or she would not be able to obtain on their own.

Another recent trend is couples separating or divorcing but continuing to live in the same house for practical reasons. In today's real estate market it can be difficult to even sell a home, and those that are able to sell often do so at a substantial loss. For couples who want to avoid this scenario, continuing to live together in the home may be their only option. It is also difficult for families to adjust their budgets to accommodate two households after a divorce. If the means for each spouse to live independently are not available they may not have a choice but to stay together until their finances improve.

Some couples simply don't want to deal with divorce proceedings and  see no upside to divorce if they are not planning to remarry. This can change though if one spouse starts a new relationship with someone who isn't comfortable with their married status. This can happen years, even decades, after the separation began.

Couples are still considered married even if they are separated. In Florida, the duration of a marriage affects alimony awards and other aspects of a divorce. Each spouse's finances are another consideration of an extended separation. Couples who divorce years after a separation may be surprised to find out that one parties financial status has changed substantially since their separation.

It can be tempting to avoid the divorce process, but is also important to understand how your eventual divorce may be affected by a long-term separation. It is also important for couples to understand that there are alternatives, such as collaborative divorce, for couples who do not want to pursue a traditional courtroom divorce. 

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