Legal separation and divorce are both court proceedings that allow you to live apart and divide marital debts and assets. The main difference between the two is that you are still married in the eyes of the law and therefore cannot marry other people until you are divorced.
What Are the Benefits of Legal Separation Compared to Divorce?
The reason to choose legal separation is often due to personal reasons like values or religious beliefs. However, a common reason to choose legal separation is financial concerns such as health insurance or other benefits of marriage. When a married couple divorces, all of these ties and benefits are severed.
What Are the Similarities Between Legal Separation and Divorce?
In both divorce and legal separation, the court will make a decision for:
- Custody and visitation terms for children
- Child support and separation maintenance (similar to alimony)
- Division of marital property
What Are the Differences Between Legal Separation and Divorce?
The main difference between a divorce and a legal separation is that a couple in a legal separation are still legally married. This means that the following things happen in a legal separation:
- The legally separated couple both benefit from health care and social security benefits that marriage provide
- They are still the next of kin for the other partner and can make financial or medical decisions if the other is unable to
- They may still be responsible for any debt the other takes on while they are legally separated
- They have survivorship rights to property owned by the other partner
- Reconciliation is much easier and does not require another wedding
- A legally separated couple cannot marry other people until they obtain a divorce