At Levine Law Center, we’ve helped many Portland couples sort through one of the most personal legal choices they’ll ever face: divorce or legal separation. While divorce ends the marriage entirely, legal separation offers a structured way to live apart while remaining legally bound.
For some, the benefits of staying married but separated, like health coverage, financial protection, or aligning with deeply held values, make this option practical. Oregon allows for both paths, but knowing how each affects your rights is key to deciding.
Helping Oregon Families Through Their Toughest Times
The duration of your marriage doesn’t just tell a story of years together—it influences everything from spousal support to property rights. In Oregon, longer marriages often involve more complex asset division and support considerations, whether you choose separation or divorce.
When couples legally separate instead of divorcing, the length of the marriage continues to accrue unless a divorce follows. This continued duration may affect retirement or alimony later.
For those nearing significant benchmarks like ten-year pension eligibility or long-term military benefits, this could be one of the boldest examples of the benefits of staying married but separated, allowing couples to preserve those entitlements without ending the marriage.
Oregon courts often evaluate the marital standard of living when deciding support matters in legal separation and divorce. This includes assessing lifestyle factors such as shared property, vacations, income habits, and overall financial stability during the marriage.
Choosing legal separation allows you to preserve certain shared benefits, like filing jointly on taxes or maintaining health coverage without ending the marriage. For couples who want to protect a dependent spouse’s quality of life without the finality of divorce, separation provides more flexibility. It can also ease transitions by keeping specific structures like shared housing or health plans intact.
Age and health can shape separation decisions just as much as emotional or financial concerns. In Oregon, spouses aged 55 or older may continue existing group health insurance coverage after a legal separation or divorce, provided specific conditions are met.
According to Oregon Revised Statutes (743B.343 to 743B.345), the insured party must notify the plan administrator within 60 days of the separation or divorce and use the appropriate form to opt to pay for continued coverage.
For older or ill spouses, losing insurance after divorce creates major complications. Legal separation offers a way to secure necessary care while avoiding disruptions in coverage. This benefit alone can lead many to avoid complete dissolution, especially when private insurance is unaffordable or unavailable.
Years of Experience: 13+ years
Anthony Stuart
Anthony Stuart joined the Levine Law Center team in 2019 and is admitted to practice law in Oregon and Florida (presently inactive). He started his legal career in Florida and first started practicing family law alongside a complex business and family immigration law practice. After moving to Oregon in 2015, Anthony established a new law practice dedicated to working with small to medium-sized enterprises on regulatory matters, governmental affairs, mergers and acquisitions, and corporate governance.
Super Lawyer Profile: Anthony Stuart
Each spouse’s financial power and employment potential weigh heavily in any family law decision. Divorce permanently separates financial ties, but legal separation maintains a legal relationship, meaning one spouse may still qualify for support or shared assets without formally ending the marriage.
According to Legal Clarity, legal separation preserves certain benefits of marriage while allowing couples to live independently. This is helpful when one spouse has a lower earning capacity and depends on the other. Oregon law allows courts to award support in either option, but separation lets couples tailor terms without ending the marriage.
In some cases, maintaining marital ties through legal separation supports a spouse’s eligibility for spousal maintenance or shared benefits, another potential benefit of staying married but separated.
Staying legally married can also make financial planning more strategic. Some couples choose this path to delay penalties or preserve eligibility for benefits tied to marital status.
The value of each spouse’s financial, emotional, domestic, or parental contributions holds weight in Oregon family court decisions. Legal separation recognizes these efforts just as divorce does, yet allows couples to address them without fully dissolving the marriage.
This matters for stay-at-home parents or spouses who left careers to support the household. A legal separation can acknowledge those sacrifices while maintaining protections through support agreements, asset division, and parenting plans. Couples who want to separate while respecting each other’s past contributions often find separation a more constructive path forward.
We’ve sometimes worked with couples who choose legal separation as a long-term arrangement, not just a stepping stone. It allows them to protect their shared history while redefining the relationship more functionally.
Every couple’s situation differs, and deciding between legal separation and divorce isn’t always straightforward. At Levine Law Center, we help Portland families weigh both options’ legal and personal implications so they can make confident, informed decisions.
Whether you’re considering legal separation for financial or long-term reasons, we’ll guide you through each step. Call us at 503-208-3459 to discuss how the benefits of staying married but separated could apply to your unique situation.
At Levine Law Center LLC, we believe that every client deserves personalized attention and exceptional legal representation. With a team-oriented approach, extensive experience, and flexible payment options, we are committed to addressing your unique legal needs. Whether it’s protecting your business, family, or future, we’re here to deliver results that matter to you and your loved ones.
Client Reviews
Joey Katz and the team helped me achieve the peace of mind I needed with my legal matters.
5-thumbs up!
Made a bad situation go quickly and smoothly.
View More Reviews on Google Maps and Yelp
503-208-3459