Understanding Separate Maintenance in Georgia

When a marriage is in turmoil, the way forward isn't always clear. Divorce might seem like the logical next step, but it's not the only option. Separate maintenance is a form of legal separation in Georgia, and it is a viable alternative for many couples. At Lennon, Giovinazzo & Steele Family Law we provide expert guidance on navigating these complex family law matters. In this blog post, we'll delve into the concept of separate maintenance in Georgia, its advantages and disadvantages, and how to determine if it's the best choice for your circumstance.

Understanding Separate Maintenance in Georgia

Separate maintenance allows couples to establish financial and child-related arrangements, and live separately, but still retain their marital status. It can be particularly advantageous for couples who think they might reconcile in the future, or who want to keep benefits tied to their marital status. At LGS Family Law we have extensive experience helping clients navigate the separate maintenance process, ensuring all important issues are addressed--such as property division, child custody, child support and alimony.

Benefits of Separate Maintenance

1. Maintaining Marital Status: Separate maintenance may be a suitable choice for couples who have religious or moral objections to divorce but need to live apart.

2. Financial Benefits: With separate maintenance, couples can keep certain financial benefits associated with marriage, including tax breaks, social security benefits and health insurance coverage.

3. Room for Reconciliation: Separate maintenance can provide a temporary solution for couples who are uncertain about their relationship's future by offering an opportunity for reconciliation.

Drawbacks of Separate Maintenance

1. Limited Legal Recognition: Separate maintenance doesn't enjoy the same widespread legal recognition as divorce. It's important to understand that some aspects of a separate maintenance agreement may not be recognized or enforced in certain contexts or in other states.

2. No Possibility of Remarriage: Because separate maintenance doesn't legally dissolve a marriage, neither spouse can remarry unless they obtain a divorce.

3. Legal Complexities: Navigating the separate maintenance process can be intricate and time-consuming, making it vital to have an experienced family law attorney like those at LGS Family Law on your side.

Is Separate Maintenance Right for You? Deciding whether separate maintenance is the best choice depends on various factors:

1. Personal Beliefs and Values: If you object to divorce on religious or moral grounds, separate maintenance may be an appropriate alternative.

2. Financial Considerations: Consider the financial implications and potential benefits of separate maintenance, such as maintaining health insurance or social security benefits.

3. Future Reconciliation: If reconciliation is a possibility, separate maintenance could offer a less definitive solution than divorce.

Conclusion

In Georgia, separate maintenance can provide an alternative route for couples seeking legal separation without ending their marriage. Lennon, Giovinazzo & Steele Family Law is committed to helping you navigate this complex process, ensuring your rights and interests are protected. If you're considering separate maintenance, we invite you to reach out to our team to discuss your options and learn how we can support you in this challenging time.