When is Legal Separation Best?

Divorce AttorneyIn a marriage, there is a possibility to have difference of opinions, which may lead to separation or divorce. Considering the fact divorce can take time before a final agreement is reached, the Illinois Marriage and Dissolution of Marriage Act allows for the basis of legal separation as a way to live an independent life, without filing for an official divorce. There are various benefits to a legal separation over a formal divorce.

Tax and Financial Implications

Since the inception of the Tax Cuts and Jobs Act (TCJA), divorces have become expensive, and the ability to seek tax deductions through alimony has been reversed, which makes it a good reason to seek legal separation, rather than a formal divorce as it might reduce your disposable income. Many couples also chose legal separation over divorce because it allows for social security benefits, while also reducing financial burden on a spouse. Many couples have medical insurance benefits, which might be eliminated after a divorce.


A divorce can lead to emotional trauma for children and it might be difficult for them to adjust to the new family settings. A legal separation can help identify the best child custody and visitation plans, which will be in the best interest of the child.

Helps Reduce Friction

Individuals may use legal separation to reduce friction and differences. The resolution of matters can reduce the likelihood of future divorce and lead to the certainty of a better future. It is also beneficial for individuals who are not sure if divorce is the best option to end their marriage. Couples can also use legal separation as a way to negotiate divorce agreement.

Reduces Legal Documentation

A divorce proceeding can be complex and may require months or even years before a formal agreement is reached. If you are considering options between choosing a divorce or legal separation, consulting an expert family law attorney can help navigate the process. A competent family law attorney can help formulate legal documentation such as a spousal maintenance plan, child support plan, parenting plan and distribution of assets. These documents are not required to be filled in a legal separation.

If you wish to learn more about legal separation and other family law issues or want to schedule a free consultation, contact Law Office of Fedor Kozlov at 847-380-5193 to speak with an experienced divorce and family law attorney.

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