Financial Pitfalls Of A Long Separation Before Divorce


Separation before a divorce may be mandated by the court, or you may choose it as a way of gauging whether or not you can save your marriage. Once you have decided to divorce, however, you ought to start the process as soon as possible. Having a long separation may ruin your finances.

Increased Debts

One of these challenges is the possibility of increased debts. A lengthy separation increases the possibility of your partner accruing mode debts. For example, he or she may move into a bigger house or a fancier neighborhood that is costly to pay for and maintain. If he or she doesn't have the necessary funds, then he or she may be forced to borrow to maintain that lifestyle.

Whether or not you pay the debts depends on your state's divorce laws and the kind of separation you had. For example, if you had a trial separation (where you gauge the possibility of divorcing or not), then you may be forced to pay for your partner's debts.

Increased Alimony

Apart from the possibility of incurring more debts via your partner's spending, there is also the prospect of gaining more assets. This is a good thing, but it is also a double-edged sword.

As you know, one of the factors used to determine alimony is your ability to support both you and your partner's lifestyle. Therefore, if you have gained substantial assets during the separation, then you may have to pay more alimony than you would have if you had divorced earlier. It can be worse if your spouse's financial position deteriorates during the same period.

Difficulty in Tracing Your Partner

Also, how sure are you that you will remain in touch during the entire separation period? That may be your intention in the beginning, but things do happen. People move, especially after years of separation. This may become a problem if you finally want to divorce, which means you have to trace your spouse.

Of course, there is an option for serving your partner by publication or posting, but this is only possible if you have looked for and failed to find your spouse. You will need to prove this to the courts. Searching for your spouse may cost you money since it may involve checking with different government agencies, hospitals, last known home address and even place of work.

If you think that separation may help you save your marriage then go for it. However, separating for a long time when you have both made up your minds to divorce is not wise. Contact a divorce lawyer like those at Karp Law Offices to help you handle any of the difficulties that is making you postpone your divorce.


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