NY family law attorney Ken Jewell explains when and why someone might choose legal separation instead of divorce in New York. He notes that a party may choose to remain married while living legally separated, either by pursuing a separation agreement without obtaining a formal judgment of separation. This approach is often chosen to maintain health insurance coverage when one spouse does not have access to comparable coverage at the same cost if they were divorced. Additionally, in families with high net worth or a high-income earner, filing jointly as a married couple can result in significantly lower taxes than filing as unmarried and single. These are the primary circumstances in which someone might opt for legal separation without a formal separation judgment.