Anyone who has gone through a divorce knows the process can feel endless. Perhaps you’re stuck in financial negotiations that seem to have no end in sight. Or maybe your soon-to-be ex is intentionally drawing out the process. Whatever the reason, waiting for your divorce to finalize can leave you feeling trapped in marital limbo.
The good news – you don’t have to wait for every detail to be settled before legally ending your marriage.
In California, a judge can officially restore your single status while the rest of your divorce continues in court. If your divorce is taking longer than expected, a bifurcated divorce could help you take back control.
What is a Bifurcated Divorce?
A bifurcated divorce in California is a legal process that splits your divorce into two parts: (1) terminating your marital status to become legally single, and (2) resolving other divorce matters like property division, custody, and support.
California stands apart from most other states by making this option readily available. Under California Family Code §2337, either spouse can ask the court to bifurcate their divorce. Once granted, both parties become legally single, even as they continue working through other divorce matters.
A word of caution: if you signed a prenuptial or postnuptial agreement, it might affect your ability to pursue bifurcation. Some of these agreements include provisions that specifically prohibit divorce by bifurcation. That’s why having an attorney review any existing agreements before filing for bifurcation is essential.
Reasons to Choose a Bifurcated Divorce
The decision to bifurcate a divorce often comes down to practical necessity. You might need to remarry, require emotional closure, or need to protect your business interests while other aspects of your divorce are being settled.
Some celebrities and high-profile individuals use bifurcation to control how their divorce is perceived by the public. Kim Kardashian, and Dr. Dre both pursued bifurcation, allowing them to be legally single while other aspects of their divorce remained unresolved.
How to Get a Bifurcated Divorce in California
Filing a Motion
The process begins with your attorney filing a motion requesting the court to separate your marital status from the rest of your divorce proceedings. This motion explains why bifurcation is necessary in your case.
Can the Other Spouse Object?
Yes, but they need a strong reason to do so. Most objections center around financial harm, such as losing access to health insurance or retirement benefits. Unless there is a clear risk of harm, California judges usually approve bifurcation.
What Does the Court Consider?
Before granting bifurcation, the court will ensure that:
- Retirement benefits remain protected
- Health insurance coverage is properly addressed
- Neither spouse faces unfair financial disadvantages
Once the judge approves bifurcation, your marital status is officially terminated, but the rest of your divorce remains ongoing.
How Long Does a Bifurcated Divorce Take
In California, every divorce takes at least six months because of the mandatory waiting period. Even if both spouses agree on everything, the court will not finalize the divorce any sooner.
Bifurcation can also be granted in as little as six months, but it is most useful when a divorce is dragging on due to financial disputes, custody battles, or delays caused by one spouse.
Even though bifurcation speeds up the process of becoming legally single, your divorce is only fully completed once all remaining financial and custody issues are resolved.
If your case is simple and both spouses agree on everything, you may not need bifurcation since the entire divorce can be completed within the same six-month timeframe. However, if negotiations over money or parenting time are expected to take months or even years, bifurcation allows you to move forward without staying legally married while you sort everything else out.
Advantages of a Bifurcated Divorce
Immediate Legal Freedom
You gain immediate legal freedom to move forward with your life, including the ability to remarry if you choose. This freedom allows you to update legal documents and make major life decisions without waiting for every aspect of your divorce to be resolved.
Forcing Progress in a Stalled Divorce
Some divorces drag on for years because one spouse refuses to cooperate. Bifurcation removes the legal marriage from the equation, which often makes both parties feel more urgency to settle remaining issues instead of letting the process stretch on indefinitely.
Potential Tax Benefits
Bifurcation can allow someone to file taxes as a single individual or restructure their finances sooner. However, tax laws do not always align with state divorce laws. If the full divorce is not finalized before the end of the year, federal tax law may still require you to file as married for that tax year.
Business Stability
For business owners, bifurcation allows for financial separation from the divorce process, preventing unnecessary delays in company decisions.
You can make independent financial and business decisions, pursue new investments, or restructure your company without the complications of a pending divorce holding you back.
Disadvantages & Risks of Divorce by Bifurcation
Loss of Spousal Benefits
Bifurcation can end certain marriage-related benefits sooner, which may affect one spouse while giving the other financial independence. Key benefits that may be impacted include:
- Health insurance through a spouse’s employer – Most employer-sponsored health plans terminate spouse coverage immediately upon bifurcation. While COBRA coverage is available, it typically costs three to four times more than your current premium.
- Military benefits for non-military spouses – Under the Uniformed Services Former Spouse Protection Act, spouses lose base access, commissary privileges, TRICARE coverage, and housing benefits upon bifurcation. These benefits end immediately regardless of marriage length.
- Certain pension and retirement benefits – Some pensions and Social Security benefits require a marriage to last at least ten years for a spouse to qualify. If bifurcation happens before the ten-year mark, one spouse may lose eligibility for those benefits.
Financial Safeguards Required
Judges often require financial protections before granting bifurcation. If one spouse depends on the other for health insurance, the requesting spouse may have to cover their costs or provide financial compensation.
Courts do not allow bifurcation to be used as a way to escape financial responsibilities. If one spouse loses health coverage, the court may require the requesting spouse to provide continued coverage or financial support.
Immigration Status Complications
For non-citizen spouses, bifurcation can create a frustrating limbo situation. While California courts may consider you legally single, federal immigration authorities won’t recognize this status.
This means you can’t apply for a green card based on a new marriage until your divorce is completely finished, even if you’re legally single in California.
If your current immigration status depends on your marriage, bifurcation could put that status at risk without giving you the ability to pursue new immigration options.
Is a Bifurcated Divorce Right for You?
Bifurcation is a great option for some people, but it is not for everyone. If your divorce is dragging on, you need to remarry, or your business is affected by delays, it can help you move forward. If you rely on spousal benefits or are in a complex financial negotiation, it might not be the best option.
If you are considering a bifurcated divorce, speaking with a family law attorney can help you decide if it is the right move for your situation.
For personalized guidance, call (310) 820-3500 to discuss your case.
Disclaimer: This blog is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. Every family law case is unique, and outcomes depend on individual circumstances. Legal representation with Provinziano & Associates is established only through a signed agreement.
For personalized advice, please contact our team at 310-820-3500 to schedule a case evaluation.
