Legal Separation vs. Divorce – Understanding the Difference
When you and your spouse are uncertain about living together and want to split your marriage, there are two ways to go about it depending on your situation: divorce or legal separation. However, deciding whether divorce or legal separation is better for you can be confusing as both have their pros and cons. It is important to understand what each legal process entails, as well as, their financial and legal effects to ensure you are making the right decision in order to minimize the implications on your life.
What is Legal Separation?
In simple words, legal separation is similar to putting your marital relationship on hold for some time. It requires couples to take permission from a family law court and sign a binding legal separation agreement. In some states, legal separation for a certain period is mandatory before couples can terminate their marriage. In this duration, spouses must make attempts to improve their relationship, and if nothing changes, the court deems that the marriage has reached the point of irretrievable breakdown. The legal separation agreement also puts an arrangement of your children’s upbringing in place, allows you to divide marital property, and ends the financial connection between you and your spouse.
When Legal Separation is the Right Option
- If you are not sure that you want to end your marriage and need some time out from your spouse to contemplate your decision, you should opt for legal separation, as it will give you the space you need to evaluate your situation while protecting your financially.
- Legal separation allows spouses to continue availing benefits from the other partner, such as healthcare coverage and others.
- People who are bound by religious reasons and are not allowed to get divorced, they can turn to legal separation.
- Through legal separation, both spouses enjoy tax benefits of being able to file jointly.
- Lastly, couples are required to be married for at least ten years if they want to receive military and Social Security benefits associated with their spouse’s work. With the help of legal separation, you can stay married without having to live together with your spouse to avail these benefits.
What is Divorce?
Also known as dissolution of marriage, divorce is a formal court order that completely ends a marital union between the spouses before their death. It entails the cancellation of all matrimonial bonds or duties and exemption of legal responsibilities with the other partner. In addition, it divides marital property, figures out the obligations of each parent towards children, and may provide maintenance/alimony to one spouse. After getting a divorce, both individuals have the freedom to remarry as their singlehood is legalized.
When Divorce is the Right Option
- If there are irreconcilable differences between you and your spouse, it is best to opt for divorce after a brief period of legal separation to establish irretrievable breakdown of marriage.
- If you want to remarry, you are legally required to divorce your first spouse.
- If you are not willing to spend time and money on legal separation and are certain divorce is the only way, it may be better to dissolve your marriage instead of bearing the cost of two legal processes.
These are some of the key differences as well as the reasons to choose from the options. If you like to learn more about legal separation and divorce and determine which one is the right choice, you should contact The Ghosh Law Office, LLC today at (317) 572-8571 to discuss your situation.
