When couples decide to end their marriage, divorce is often the first thing that comes to mind. However, in Oregon, legal separation is another option that couples can explore. This article will discuss the important factors to consider when deciding between divorce and legal separation in Oregon.

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What is Legal Separation?

Legal separation is a legal process that allows couples to live apart without formally ending their marriage. In Oregon, a legal separation decree is similar to a divorce decree in many ways. Both decrees can address issues such as property division, spousal support, child custody, and child support. The main difference between legal separation and divorce is that the couple remains legally married after a legal separation.

Grounds for Legal Separation in Oregon

Oregon is a no-fault divorce state, which means that couples can get a divorce without proving that either party was at fault for the breakdown of the marriage. However, legal separation in Oregon requires that one of the following grounds be proven:

Incurable insanity of a spouse
Willful desertion for one year
Separation for any length of time if both parties agree to a legal separation
Cruel and inhuman treatment
Adultery

Benefits of Legal Separation in Oregon

Legal separation in Oregon has several benefits:

Health Insurance

One of the most significant benefits of legal separation is that it allows a spouse to remain on the other spouse’s health insurance plan. In Oregon, if a couple gets divorced, the non-working spouse may need to find their health insurance plan, which can be challenging and expensive.

Time to Reconcile

Legal separation can provide couples with a structured separation period to work on their issues and attempt to reconcile. This period can help couples decide whether they want to stay together or seek a divorce.

Religious Beliefs

Some couples are unable to get a divorce due to religious beliefs. Legal separation can provide these couples with a way to live apart and address their legal issues without going through a divorce.

If a couple has been married for ten or more years and one spouse’s social security benefits are higher than the other’s, the lower-earning spouse may be eligible to receive a portion of the higher-earning spouse’s benefits. This eligibility remains even after a legal separation.

Financial Benefits

A legal separation can allow a couple to maintain certain financial benefits, such as tax deductions and social security benefits, that may be lost in a divorce.

Drawbacks of Legal Separation in Oregon

While legal separation can be beneficial, it does have some drawbacks:

Remaining Married

The most significant disadvantage of legal separation is that the couple remains legally married. This can be a problem if one spouse wants to remarry or if the couple’s tax situation changes.

Property Division

In Oregon, legal separation and divorce both address property division. If the couple reconciles after legal separation, they will need to readdress this issue, which can be time-consuming and expensive.

Lengthy Process

Legal separation is often a lengthier process than divorce due to the requirement to prove grounds for legal separation.

Conclusion

Legal separation in Oregon can be a viable option for couples who want to live apart but remain legally married. However, it is important to consider the drawbacks of legal separation, such as remaining married and potential property division issues. Couples should weigh the benefits and drawbacks to decide if legal separation or divorce is the best option for their specific situation. As always, it is advisable to consult with an experienced family law attorney before making any legal decisions.