Long Island Divorce Attorney Answers the Common ‘Should I divorce or separate’ Question

As a divorce attorney on Long Island, I am often asked by clients; “should I get separated or just go straight for a divorce?”

The answer of course depends upon the individual client’s situation.  For instance, a relatively younger client who has only been married for a few years and has no children may want to proceed straight to a divorce. While I acknowledge that a separation may allow that couple the opportunity to explore whether or not they could work out their issues and stay together or cannot and need to get divorced, as a divorce lawyer, I am obligated to let the client know that continuing the marriage could expose them to some risk. For example, the client may be held responsible to pay the uncovered medical expenses of his or her spouse. Additionally, if that spouse incurs debts for “necessaries,” the client can be held responsible. In a worst case scenario, the client could become liable to support the spouse should the spouse become disabled while prolonging the marriage.

Benefits of Legal Separation

However, there are obvious benefits to a legal separation in lieu of, or prior to formal divorce proceedings. Married, but legally separated persons are entitled to be covered by their spouse’s family medical insurance if their employer provides such coverage. Married persons can also take advantage of certain tax deductions that singles cannot. Also, if the couple is not quite sure whether or not they want to actually divorce, the separation can alleviate certain pressures in the marriage and allow the couple the opportunity to explore counseling and other avenues to save the marriage while resolving matters such as child custody, child visitation and support of the children as well as property distribution and spousal support in the event of a divorce.

Consult with an experienced Divorce Attorney

A potential client considering divorce or separation should have a consultation with a qualified divorce lawyer and family law attorney.  At Hornberger Verbitsky, P.C., we handle divorce and separation issues for couples in Nassau County and Suffolk County every day. We are familiar with the ins and outs of the legal process and work hard to protect the rights of our Long Island clients. You can find more information about our divorce and family law practice at https://divorce-longisland.com. Feel free to contact us at 631.923.1910 or by Email at reh@hornbergerlaw.com, will be more than happy to answer your questions.