Legal Separation in Colorado: 5 Facts to Know (Pt. 2)

Picking up from where Legal Separation in Colorado: 5 Facts to Know (Pt. 1) left off, here we will continue our discussion regarding some of the specific benefits to pursuing legal separation in Colorado instead of a divorce.

More Important Info about Legal Separation in Colorado…

Fact 2 – A couple will still be legally married after a legal separation in Colorado.

One benefit to pursuing legal separation in Colorado, rather than divorce, is maintaining access to certain benefits, like health insurance and government benefits.

One benefit to pursuing legal separation in Colorado, rather than divorce, is maintaining access to certain benefits, like health insurance and government benefits.

While the nature of the proceedings for divorce and legal separation in Colorado may play out the same (or very similarly), the results are remarkably different – especially in light of the fact that, after a legal separation has been granted a couple will still be legally married. In contrast, once a divorce has been finalized, the couple will no longer considered to be legally married.

What this can mean for couples pursing legal separations in Colorado is that:

  • A woman will not be legally allowed to reclaim her maiden name.
  • Either partner will not be legally permitted to remarry.
  • Both partners will have to admit to being legally married if or when they are asked under the penalty of perjury (such as, for instance, if they are testifying in a criminal case).

While this may seem like a drawback if a couple is truly ready to end a marriage, the bottom line here is that legal separation in Colorado can grant couples the financial independence they may need as they ponder whether or not they would like to move forward with a divorce.

Fact 3 – A legal separation in Colorado can allow a partner to keep access to certain benefits.

Because a legal separation in Colorado ultimately means that a couple is still married in the eyes of the law, this option can be especially beneficial when one party needs to have access to certain benefits. Specifically, after a legal separation (but NOT after a divorce), the separating partners can still benefit from:

  • Coverage under one or each other’s health insurance policies
  • Access to military and/or government benefits (including Social Security benefits).

So, for example, if one spouse is seriously ill and still needs health insurance coverage under his partner’s policy (so he can continue to get essential medical care), pursuing a legal separation instead of a divorce can make this possible.

Stay posted for the conclusion to this blog that will be posted very soon!

Denver Family Law and Divorce Lawyers at Goldman Law, LLC

If you are considering filing for legal separation or divorce in Colorado – or if you are dealing with any matter related to family law, the trusted Denver family law and divorce attorneys at Goldman Law, LLC are ready to stand up for your rights and help you resolve your case as favorably as possible.

When you choose to work with Goldman Law, LLC, you can be assured that your case will be resolved as beneficially and efficiently as possible so you can focus on the future.

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To learn more about your rights and receive a professional case evaluation, contact us by calling (303) 656-9529 or by emailing us using the contact form on this page. From our offices in Denver, we serve clients throughout Colorado.

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