In some circumstances, a couple may choose to different legally, instead of separating. While a legal separation contains extremely comparable provisions to a divorce there are particular estate planning issues that lawfully apart couples have that a divorced couple does not. It is very important to speak to your estate planning lawyer if you intend on getting a legal separation.
Medical Choices. When a spouse is incapacitated, it typically is up to the other partner to make medical decisions for the incapacitated one. If you and your spouse are getting legally separated, you may not want your partner to have this right any longer. The only way to guarantee that somebody else has the right to make medical choices on your behalf is to produce an advance medical instruction such as a health care power of attorney or healthcare proxy.
Spousal Shares. Married couples are lawfully entitled to acquire from each other if the other need to die. The amount they inherit varies by state, however is usually called a “spousal share.” If you are getting separated and your will leaves your partner more than the needed spousal share, you ought to consider changing your will so that your partner is entitled to receive just the amount guaranteed by law.
Guardians. If you’re getting a separation and you have small kids, you’ll want to coordinate with your spouse to call replacement guardians ought to either of you pass away. Even if partners are engaged in a contentious separation, you must try to put your differences aside, for as long as it takes to concern an agreement about the care and wellness of your children so you can pick guardians of whom you both approve.