You and your spouse may consider divorce to end the marital relationship. However, depending on your circumstances or marital problems, a legal separation could be better.
Legal separation and divorce are similar in some ways, but the main difference is that a divorce legally ends the marriage, and a legal separation does not.
Consider the differences and similarities between separation and divorce before making your decision.
In a separation, you and your spouse may choose to live separately but remain legally married. A legal separation may not be permanent, and unlike a divorce, the arrangements can be reversed if you and your spouse wish to reconcile.
Other key differences include the following:
Separation and divorce are similar for those living in separate houses with little contact. Couples engaged in bi-coastal marriages are an example of such an arrangement.
However, living apart is not always feasible, and in most states, living separately is not legally required to get a separation.
Separation and divorce are similar in how custody and visitation rights are managed. If you have children, you must arrange visitation during the separation, like during a divorce.
Besides legal separation with court involvement, other ways exist to stop living together without divorcing.
A trial or informal separation means you and your spouse informally agree to live apart for some time. There are no legal requirements. Couples unsure about their marital status may use trial separation to test the waters.
A permanent separation occurs when you complete the separation process. You’re living apart, have divided your property, and worked out custody and visitation arrangements. However, you have not formalized your separation legally.
Legal separation formalizes the separation process with a court order to decide custody and visitation, financial obligations, and any property division or support order to which you have agreed.
When opting for divorce, you need to consider the financial outcome of the decision on yourselves and your family.
All money acquired during your marriage, except for gifts or inheritances to one spouse, is considered marital assets and subject to division according to the laws of your state (either community property or equitable division) unless you had a prenuptial agreement that made the assets separate property. For instance, some business owners have prenuptial agreements or spousal waivers that make all their profits or business interests their property, no matter when earned.
Dividing these assets can be complicated. Some things to discuss with one another and your divorce attorney during the divorce process:
Use our Divorce Agreement template to simplify the divorce process. Our online questionnaire helps you draft the document and ensure you’ve included all the necessary information in your divorce agreement.
As noted, there are many reasons why separated spouses can consider both separation and divorce. Sometimes, it just comes down to costs and legal fees. A legal separation can be inexpensive, as it may not cost more than the petition filing. Spouses can do this if they agree on the property division and custody arrangements.
If remarriage is not part of your plans, you may prefer a legal separation without the additional problems of divorce to handle your marital trouble. Divorce can be expensive — ranging from a few thousand to tens of thousands of dollars.
Know that separation leaves your marriage intact so that you can reverse your agreement. You and your spouse may work toward mending your relationship and wish to end the legal separation.
However, you may also choose to end the marriage entirely, but to do so, you would still have to file for a divorce even if you already have a separation.
Legal separation and divorce are similar in the legal processes of dividing property and arranging the financial care of children. However, the significant difference is the finality of divorce. Divorce legally ends the marriage, and legal separation does not.
There is no single answer for choosing separation over divorce. However, any or all of these are reasons to consider it an alternative.
There are as many reasons to choose divorce as to choose legal separation. Some of the most common include:
If either or both of you own businesses, divorce may be necessary to free you from the financial obligations of your spouse’s business. Depending on how you handled your individual and business finances, this may be a complicated reason for divorce.
Legal Content Editor
Ioana Gagiuc specializes in simplifying legal complexities for wider accessibility. She brings a rich academic background to her work, offering valuable insights in her capacity as an author and.
