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A new family law trend: Strategic divorce

On Behalf of | Oct 31, 2019 | Divorce, Divorce

Divorce is a serious legal topic that has significant ramifications on the legal, financial, and emotional lives of Virginia residents. Before deciding to pursue divorce, readers are encouraged to seek their own legal advice so that they fully understand the requirements and possible outcomes of their own proceedings. This post and all others contained on this blog should not be used as a substitute for independent legal counsel.

When marriages end there are usually reasons that the partners can point to that offer rationales for the relationships’ demises. While fault grounds like adultery, incarceration, and abandonment may push individuals to end their marriages, insurmountable differences and changes in partners may also instigate divorce proceedings. However, a new trend in divorce is emerging that is not necessarily based in these common themes.

Strategic divorces are divorces that have financial motivations. Living married can be expensive and can change the ways that people are paid and taxed. Because of one’s marital status, they may not qualify for certain support and benefits that may help them improve their lives.

Medicaid is one government benefit that is dependent on the financial status of a person. If a person makes too much money they may not qualify, and having the support of one’s spouse may mean that an otherwise eligible individual could not receive Medicaid help. A strategic divorce may happen to separate one’s financial situation from that of their spouse so that they can access these and other services.

Divorce is not something that individuals should rush into. They may receive counsel from attorneys that they trust. Strategic divorces are an emerging trend in family law that may be explored by readers and their advisors.

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