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Limited Divorce Instead Of Legal Separation


In the state of Florida, there are no legal separations, but limited divorce are an attractive option for couples who want to live apart. Through a limited divorce, child custody, spousal maintenance, and child support payments can be established, but the couple could still be on each other’s benefit packages, if that is agreed upon by both parties.

There are often more options for separation and divorce than spouses realize when their marriages are deteriorating. Speak to a skilled Tampa family law attorney about what is possible for you and what the pros and cons are of each option. Then, you will learn whether a bifurcated divorce, collaborative divorce, or limited divorce is right for you.

Health Concerns and Employer Benefit Packages

Why a person chooses to separate or pursue a limited divorce rather than a final divorce agreement depends on their unique situation. For instance, if you and your spouse are not getting along and want to live apart, but understand that employer health insurance is needed for both people, you may explore separation options. This can be particularly true when the split is amicable and one or both individuals are managing a health issue and are relying on the insurance provided by their spouse’s employer.

There are typically qualifying events that allow an insurance company to drop a person from their plan. A final divorce agreement is a qualifying event. This is something that needs to be kept in mind, whether it means you will delay a final divorce or pursue an individual health insurance plan, through your own employer or from the health insurance marketplace.

Limited Divorce and Deciding to Reconcile

Another reason to explore a limited divorce is if you may reconcile in the future. Unlike final divorce agreements, a limited divorce is reversible. This is more common than many realize, that couples have a difficult time and choose to spend months or years living apart until the marital issues can be resolved. Sometimes this is a result of going through counseling, others choose to simply engage in their own interests for a period of time and later realize they are ready to reconcile.

Because the divorce is limited, both individuals are not permitted to remarry unless a final divorce agreement is pursued. Also, there are tax considerations to keep in mind. Depending on your situation, these could be advantages or disadvantages. Talk through your goals with a skilled Tampa family law attorney. Once an attorney learns of your objectives, they can share an experienced path forward with you.

Is a limited divorce something you want to discuss with a legal professional? Talking through why you are separating and how to lay the groundwork for the future you are seeking will lead to the best arrangement for your circumstance. When you are ready to get started, connect with the compassionate lawyers at HD Law Partners. Our skilled attorneys know how to make your post-divorce goals come to fruition. To get started, call 813-964-7878 to schedule a free consultation.

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