The economics of divorce

14/02/2009 by: James MacKenzie

Divorce lawyers report a decline in business in January. The report I saw said that more couples decided to stay together for economic reasons. Business might be down but that doesn’t necessarily mean couples are staying together. It might just mean they are separated but content to remain technically, or I guess “legally” married until they can afford the cost of a divorce.

Without so much of the social stigma that used to accompany marital status there are fewer reasons for people to legally end their marriage. They can date even though still married because so many people now will accept the fact that a separated person is not “really” married.

Another thing is that even after you and your spouse divorce, you can still share a house or apartment for economic reasons. It sounds odd but being “separated” does not mean that you do not actually live together. What matters is not where you live but the kind of relationship you have. If you still go places with each other, do favours, etc. then you would probably not be considered separated – but not just because of where you live. But if you are like any other roommates who share a place to live and little else then you probably would be considered separated.

So, a couple can continue to reside together during tough economic times (two can live cheaper than one as they say) but still get divorced if they can afford the couple hundred dollars to have their divorce documents prepared and another couple for the court filing fee.

A related issue is what you have to do to show the court that you are truly separated even while continuing to live at the same address. Actually the court will accept your word as stated in your sworn statement, or affidavit, as your spouse does not disagree.

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