In our prior post, we discussed legal separation as an alternative to a California divorce. We discussed the difference between dividing assets as one would in a divorce while remaining husband and wife under the eyes of the law.

But why would anyone want to stay married but separate as if they were divorced? Why not just get divorced? There are many reasons why a couple may choose a legal separation over a divorce, and your family law attorney can help discuss the specifics of each option, help determine which one is best for you and ensure that your rights and interests are adequately protected.

Religion -- as mentioned in the prior post -- is one of the reasons why a couple may want a legal separation. Annulments are often sought for this reason but are not always available after a longer period of time has passed.

Another reason that has become especially prominent during the housing crisis is so that couples can remain living in the same home and yet have a legal obligation to spousal support. Many homes are currently underwater and homeowners in a divorce are simply unable to sell them or it is too expensive for them to maintain separate households.

Social Security Benefits are another very important factor for wanting to remain married. There is a ten year marriage requirement for couples who wish to take advantage of the ability to receive half of the amount their ex-spouse will receive. A couple who is only three years away from that benchmark may want to remain temporarily married until they hit the 10-year benchmark before obtaining a divorce.

Filing jointly for income tax purposes can provide a couple with tax benefits that they would not be eligible for if they filed alone. There are also tax implications for estate-planning purposes that may make a couple want to remain married.

The last of our examples is health care benefits. Under many policies, a partner needs to remain at the status of husband or wife in order to remain eligible as a dependent. Especially during this economy with unemployment rates as high as they are, this is an important issue for some spouses.

Of course, there are other reasons why a couple may want to enter into a legal separation, which is why it is important to discuss your situation with an experienced attorney who can help guide you to the best decision for your individual situation.

Source: Forbes, "Legal Separation or Divorce: Which is Better Financially?" Jeff Landers, Jan. 10, 2012