A time may come in your marriage when you realize that you do not want to continue living with your spouse. However, if you are hesitant about filing for a divorce, you can consider a legal separation.
There are some differences between
legal separation and divorce, but the three essential differences include:
Continuation or termination of your marriage status. A legal separation is a significant change in the status of your marriage. Filing a petition with the courts is the first legal step towards divorce proceedings.
Legal separation takes about twice as long as a divorce, which is beneficial if you are unsure about following through with ending your marriage.
Both divorce and legal separation include visitation, final custody, child support, and alimony arrangements as well as permanent division of debts and assets. The main difference is that you remain married to each other with a legal separation.
Benefits. A separation agreement protects benefits until a decision is made to file for divorce. Staying married for 10 years or more allows your spouse to take advantage of certain social security benefits.
For example, one spouse may remain eligible for health care or insurance benefits for the spouse if they remain married. Depending on the particular situation, tax and estate planning benefits might apply if you and your spouse remain married to each other.
Practical treatment. Once the courts
enter your judgment for legal separation, you and your spouse are treated as a divorced couple.
3 Primary Differences Between Legal Separation and Divorce
This sets a precedence for the divorce that might follow. For instance, if you divorce after a separation and your case goes to court, the judge most likely will consider your satisfaction with the separation agreement as your approval that the contract should transfer over to the divorce settlement agreement.
The primary difference between divorced and legally separated spouses is that the latter cannot remarry, have no right to intestate inheritance, and cannot file joint tax returns.
Making the Decision
Deciding between a legal separation and a divorce is a personal choice. In fact, sometimes spouses elect to remain married but live separately for religious or moral reasons.
Other causes include spending time apart deciding if divorce is positively desirable, and allowing for the retention of medical benefits that divorce ends. Sometimes opting for a legal separation rather than a divorce is a good financial decision.
Additionally, a legal separation may present a less stressful environment to for negotiating a separation agreement than negotiating a divorce agreement. However, if you make the decision to terminate your marital status, then filing for divorce is the best option.
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