Authors: Ms. Jessica SHEA and Dr. Avnita LAKHANI
This article presents a comparative and cultural analysis of Hong Kong and the United States (U.S.) as related to the impact of judicial separation on benefits distribution. In family law, judicial separation is a viable alternative to initiating formal divorce proceedings. In addition, couples who face a marital crisis and are considering dissolution of marriage would benefit from understanding the impact of judicial separation or divorce on the distribution of key benefits such as health insurance, housing benefits, property, and taxation. This article reviews the cultural, economic, and societal factors leading to increased rates of marital separation, presents a comparative analysis of judicial separation in Hong Kong and the US, outlines the advantages and disadvantages of judicial separation on benefits distribution, and concludes with an assessment of the role of judicial separation as a trend in resolving family law disputes in Hong Kong.
judicial separation, family law, divorce, comparative law, interdisciplinary analysis, Hong Kong, United States