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Divorce vs permanent seperation

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  • Divorce vs permanent seperation


    The separation agreement was signed and turned into a court order in November of last year. We have a clause that deals with divorce, that states if I file it will proceed on an uncontested basis, but if she does then she will have to assume the costs.

    The EX wants to stay 'separated' permanently so that she can stay on my work benefits etc.

    In order to get some closure; I have been thinking of filling for divorce. (I haven't due to personal and religious beliefs that frown on divorce)

    How will filing for divorce affect the court order? SS and CS? If the EX can fight it she will, is there any legal issues that might come up?

    Any other advice would be appreciated.

  • #2
    CS is payable regardless of your legal status. Not sure about SS.

    Most health insurance companies won’t allow the ex spouse to stay on if you dont have the same address. You may want to look into that.

    As for the rest, get the divorce. Its a clean severance and then you won’t have to deal with the drama in the future if you want to repartner.


    • #3
      There can also be a number of issues that arise if you die while not divorced, where your ex could get assets and pension benefits instead of your desired heirs. Get the divorce.


      • #4
        If the order is marked FINAL and states that either party can file for divorce... Just pay the nominal fee and do it. The other party has to bring forward a material change in circumstance to fight it out in court. Hard to do.


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