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Why do some older couples choose legal separation over divorce?

On Behalf of | Oct 24, 2023 | Family Law

Unfortunately, insurmountable relationship problems can impact any couple, regardless of the length of marriage or age. As you know, getting a divorce is always an option when a marriage is irretrievable, but is it the best solution for couples over 50?

In Minnesota, you have another choice to consider. A legal separation can allow you to sever your domestic ties without legally ending your marriage. It can also offer several other advantages for older couples or those approaching their senior years.

Continuing health insurance coverage

With a legal separation, you may be able to remain on your spouse’s employer-sponsored health insurance plan. For those with chronic or terminal medical conditions, this can ensure you receive uninterrupted healthcare coverage.

Maintaining marital status

Spouses with personal or religious beliefs that disallow divorce often choose to part ways through a legal separation instead. It offers a potential solution when you want to disentangle your personal lives without violating your beliefs or cultural obligations.

Avoiding financial challenges

Like divorce, a legal separation allows spouses to petition the court for a property agreement to divide their marital property and debts if desired. Spouses can also seek alimony, which may be a vital consideration if age or health has diminished your earning capacity.

Of course, these are not the only things to consider if you want to sever your relationship but are concerned about the effects of a divorce or separation. Talking over your issues with someone who understands family law matters can help you determine the best path forward.

A good next step is to learn more about your options and how they work under Minnesota law.


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