Legal Separation

LEGAL SEPARATION

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If you want to separate from your spouse, but don’t want to get a full divorce, legal separation is a path you can take. However, please know that legal separations are very rare and for good reason. There are many drawbacks to a separation over a divorce once you know your marriage is broken down and cannot be fixed.

What Legal Separation Means

Legal separation is a legal arrangement where a married couple decides to live separate lives but remain married. Legally separated parties may live physically and financially separate, but they are still married. It is almost identical to a divorce in process and can be as time consuming and expensive as a divorce and at the end of process, you still married.

Legal Separation vs. Divorce

The main difference between a legal separation and a standard divorce is that a divorce ends the marriage. Legal separation is also not an annulment. An annulment is where the court invalidates the marriage, meaning it is deemed that the marriage never happened. But whether you get a divorce, legal separation, or annulment, the legal process is very similar. The process is similar because each type resolves the same issues: child custody, property division, spousal support, etc. Whether you get a legal separation or a divorce depends on your exact situation and your own goals. Below is a list of the positives and negatives of legal separation to help you decide.

Benefits of Legal Separation

Some people choose legal separation over divorce because:

Separation provides for the right to reasonable support and maintenance
It may fit their belief system or religious rules.
Separated spouses can still share health insurance.
There are potential social security benefits at retirement.
It maintains military benefits for spouses.
It can be a trial run for a divorce.
It may provide less social stigma than with a divorce.

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Drawbacks of Legal Separation

Legal separation is not a great option for the following reasons:

You remain married to the person from whom you want to separate and therefore you cannot remarry.
It may make it difficult to move on in a relationship as others may not want to date someone who is still technically married.
It may be a waste of time and money if you end up divorcing anyway.
It is just as complex and stressful as a divorce.
It can be stressful for children if they don’t fully understand separation.
The marital status is in limbo where some things view separated couples as still married but others do not.

There are many factors to consider when deciding whether to get a divorce or a legal separation. To be sure you make the right choice for your situation, the best thing to do is to call me and discuss your options!