April 28, 2020

Divorce sounds so final, while separation merely implies living apart. A legal separation is a third status with many more similarities to divorce. When you are beginning the process, it’s important to speak with an attorney about the difference between legal separation and divorce, to find out which is right for you.

How Legal Separation and Divorce are Similar

Legal separation is a distinct status, not typically a precursor to divorce as a non-legal separation (living apart) may be. Going through a legal separation will still involve the court system, will typically take just as long, and costs about as much as a divorce. Both divorce and legal separation will address custody, visitation, division of debts and assets, child support, and alimony (sometimes referred to as spousal support).

The Primary Difference Between Legal Separation and Divorce

The primary difference between legal separation and divorce is that divorce dissolves your marriage entirely. You are now single, free to change your name, change your tax filing status, and remarry. In a legal separation, you are still married. You must list your legal status as married on official documents, and you cannot remarry. Your spouse will still be recognized as your legal next of kin.

In a legal separation, you can continue to share medical insurance and benefit from filing taxes as a married couple. In a divorce, both parties would be considered single with no legal connection and would file taxes and obtain insurance as such. If you and your spouse reconcile, a legal separation can be undone. There is no undoing a divorce. If you and your spouse reconcile, you would need to remarry.

How Your Circumstances Factor in this Decision

There are circumstances where your lawyer may advise you in one direction, and there are personal situations that may factor into your decision. Some religions frown upon, or even prohibit, divorce, and couples in this situation may feel more at peace with a legal separation, since it allows them to officially separate without dissolving the marriage. Legal separation may also work for couples who need to work through financial, medical, or personal issues before officially dissolving their marriage, or conversely, reconciling.

Not all states allow for legal separation, and specific circumstances may make one or the other a better choice for your specific situation. Speaking with an attorney can guide you in the right direction. I’m here to help. Contact my office today if you’d like to discuss your current situation and ask questions about what might be the right course of action to take.