What About Couples Who Can Afford To Divorce, They Can Afford That Second House Or Double This, Double That, Do You Still Recommend That They At Least Consider A Legal Separation Before Jumping Into A Divorce? Does That Make Sense For Everybody? What Does Your Conversation Look Like When It Comes To That?
Make sure that if you are considering a legal separation that the company you engage assures you they will obtain a Judgment of Separation. A Judgment of Separation is an Order of the Court that takes a legal separation agreement, (a signed, notarized document that I prepare), and turns it into Supreme Court Order. In the same way that a judgment of divorce is an order, the judgment of separation is also in order. It makes the separation agreement unchangeable, so that the protection that couples will get with a judgment of separation is almost identical to that of a judgment of divorce.
A judgment of separation is almost always going to save the couple money if health insurance is an issue. The two most significant economic issues that couples face on Long Island are housing and health insurance, because they are both considerable expenses. When a couple divorces, one of the spouses has to go out and get a single and separate health insurance policy covering themselves because they are no longer able to be covered under the family plan even though the other spouse is covering the children. It is the responsibility of both parents to cover the children. For example, if the husband is the one who has the job with the health insurance and he’s the one who’s the more significant earner, he will likely be the parent responsible for covering the children. The wife may have to contribute to it somewhat, but the primary responsibility will be his.
The cost to obtain health insurance on a higher level of it usually is not even considered here. There are various levels of coverage. That cost is now hovering over $1,000 a month, which is real money. If you stay legally separated for ten years, then there’s a $120,000 net money that could have been spent on your children. $120,000 will easily pay for a child’s college expenses at a State University.
If you’re not looking to get remarried for a few years, (or ever), I would always suggest exploring a legal separation first. Quite often, I get a lot of pushback. As a mediator, I never tell people what to do, nor do I tell you what to do if I’m representing you individually as an attorney. Still, I will give you my best advice based on all of my experience and education, and give you my recommendation. If you have children together, you going to be tied at the hip to your spouse for the rest of your life. Hopefully, these children will grow into adults, get married, and have children of their own. Then you get the dividends of being grandparents, and whether you’re married, divorced or separated, they’re still your children.
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