The difference between divorce and legal separation

The difference between divorce and legal separation.

In making decision what is better for you, you have to understand a difference between divorce and legal separation

1. After legal separation you will be legally married to your wife/husband, but live separately. After divorce you will be single.
2. The wife cannot restore her former name after legal separation.
3. The timeline for divorce and legal separation could be different.
4. Your finances, properties and debts will be separated after legal separation as well as after divorce
5. You might have a child custody/ visitation, child and spousal ordered by the court after both divorce and legal separation.

It is crucial to explore the nuances of divorce versus legal separation to determine what might be the better choice for your specific situation:

6. Health insurance benefits often continue for spouses even after a legal separation while they would typically terminate after a divorce, which is crucial to consider if one spouse is dependent on the other’s health insurance plan.
7. Tax implications are also different. Legally separated couples might still have the opportunity to file joint tax returns, which can have certain advantages, while divorced couples lose this option.
8. Inheritance rights are generally retained during a legal separation, meaning a spouse could still be the beneficiary of the other’s estate unless stated otherwise in a will. However, once divorced, a person is not typically entitled to inherit anything from their former spouse unless the divorced spouse explicitly includes them in their will.
9. Some couples choose legal separation over divorce due to religious beliefs or moral values that do not align with the concept of divorce.
10. Military benefits could also be a consideration, as certain benefits for military spouses may only continue until a divorce is finalized.
11. Eligibility for social security benefits could potentially be affected, as divorced spouses may receive benefits based on their ex-spouse’s record, provided they were married for at least 10 years. Separated couples do not have such eligibility conditions to contend with unless they get divorced.
12. Emotional or psychological reasons play a role as well; some individuals may not be ready for the finality of a divorce and choose legal separation as a more reversible step.
13. Reconciliation is simpler after a legal separation than after a divorce. If a couple decides to reunite, the legal separation can be reversed without the need to remarry.
14. Divorce is final and involves a legal dissolution of marriage, whereas legal separation leaves the door open to resume the marital relationship without having to remarry.

In considering whether legal separation or divorce is the better option, individuals should think about their long-term needs and goals, understand their rights and obligations under each scenario, and consider seeking guidance from legal professionals, financial advisors, and counselors to make a well-informed decision that aligns with their personal and family circumstances.

It is important to understand a difference between divorce and legal separation vs. divorce and separation.
Some people confused about difference between “separation” and “legal separation”. You do not need a court involvement to separate with your spouse, but you do need to go through legal proceeding to get legal separation. The divorce paperwork for divorce is similar the paperwork for legal separation, but as stated above, the timeline is different.

Although living separately may have some benefits under certain circumstances, living separately from your spouse without a written separation agreement can be risky. You have the liability for your spouse’s debts and responsibility for some legal issue which might arise later. A separation agreement in written form would shield you from such liability if it has written legally proper.

Angela Schmidt / About Author

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