What Should You Know About Legally Separating In West Virginia?

If you're a West Virginia resident and and are considering ending your marriage, you may be wondering whether you should file for a legal separation or simply begin the divorce process. Are there advantages to separating prior to your divorce? When could you potentially benefit by delaying the end of your marriage (or avoiding divorce altogether)? Read on to learn more about how this issue is handled under West Virginia law.

What is a legal separation?

While married couples are free to live in separate homes or to lead completely separate lives, a legal separation requires the local trial court to sign off on a separation agreement. This agreement covers similar topics as a divorce decree, including alimony, child support, and the division of marital assets and debts. This can allow you to begin making steps toward building your new life before your divorce is even filed, easing the financial (and emotional) stress of this transition.

When may you want to seek a legal separation before beginning the divorce process? 

Although West Virginia doesn't require you and your spouse to live apart before beginning divorce proceedings, there are some situations in which obtaining a legal separation before (or instead of) filing for divorce may provide some benefits.

One situation in which divorcing immediately may not be the best decision is if you are close to the 10-year mark in your marriage. After you've been married 10 years, you gain the right to claim Social Security retirement benefits on your spouse's record, even if you've divorced well before either of you hits retirement age. If you work in a position where you're not required to pay Social Security taxes, or if your spouse earns significantly more than you do, remaining married to your spouse for at least 10 years will allow you to retire significantly earlier than you could if depending only on your own earnings record. You could also qualify for pension benefits or other private retirement benefits by remaining legally married for a certain period of time.

In other cases, you may want to separate before divorcing to reduce the amount of money you and your spouse each spend on attorney fees. By litigating issues like the division of assets, custody, and child support in the context of a divorce case, you and your spouse could each find yourself paying high legal fees and frequently missing work to attend hearings or other court dates. However, working out these issues outside the court through a separation agreement can often provide a good framework to handle dicey issues during divorce.

For more specific information pertaining to states other than West Virginia, such as New York, contact a firm such as Karp Law Offices.


Share