Understanding the difference between legal separation and divorce can be confusing, but couples need to know when considering changes in their marital status. While both options allow spouses to live apart and address issues such as property division, child custody, and support, they differ in their legal outcomes. This will explore in more detail why you may want to take both options into consideration, making sure you choose what fits you and your partner the best. This will also explore the key differences, focusing on how each affects marital status, finances, and future relationships.
What is Legal Separation?
Legal separation is a court-ordered process that allows married couples to live separately while remaining legally married. It’s similar to divorce in that the court can issue orders about important matters such as property division, child custody, visitation, child support, and spousal support. However, unlike divorce, a legal separation does not end the marriage, meaning neither spouse can remarry.
To begin a legal separation, one spouse has to file for legal separation
Key Differences Between Legal Separation and Divorce
| Aspect | Legal Separation | Divorce |
| Marital Status | Still legally married | Marriage is officially ended |
| Remarrying | Unable to remarry | Able to remarry |
| Health Insurance and Benefits | An advantage is that you can still share some marital benefits, such as keeping both spouses on the same health insurance plan | Spouses lose access to their ex-spouse’s health insurance and all other benefits |
| Legal Agreements | In a legal separation, the court enters orders concerning custody, support obligations, and property distribution, similar to those issued in a divorce proceeding. | The court will legally document, which will be permanent, all documentation, such as assets and debt division will be finalized. |
| Religious or Personal Reasons | Often chosen for moral or religious beliefs. | Permanent legal to end marriage |
Why People Choose Legal Separation?
For some couples in California, there are reasons why people do a legal separation rather than filing for a divorce. Some main reasons include:
- No residency required – Unlike divorce, California does not require a residency period for legal separation. To file for divorce in California, one spouse must have lived in the state for at least 6 months and in the county for at least 3 months.
- Financial and health insurance benefits– Health insurance coverage, some plans allow separated spouses to remain covered, while divorce ends the coverage. Tax benefits, filing jointly, or maintaining certain deductions. Military or Social Security benefits, which may depend on years of marriage. Legal separation allows each spouse to live independently while keeping certain financial advantages intact.
- Children and family stability- Using legal separation: Establish child custody, visitation, and support orders through the court. Maintain family stability without the finality or emotional impact of divorce. Allow time for counseling or co-parenting adjustments.
- Asset protection- Legal separation in California lets the court: Divide assets and debts, Issue spousal support (alimony) orders, and Protect one spouse from being liable for the other’s new debts after the separation date.
Why Choose Getting a Divorce?
Choosing divorce instead of legal separation often comes down to a desire for independence and clarity, both legally and emotionally.
- Divorce legally ends the marriage– This allows you to be able to remarry in the future or be legally independent
- Simplifies property and estate matters– Once divorce is finalized, your ex no longer has legal rights to inherit your property if you die without a will, and they are unable to make medical or financial decisions for you
- Avoids ongoing legal ties– Divorce will eliminate any ongoing connections, which can reduce the chances of future disputes between you and your ex-spouse
- Closure and independence-Finalizing the divorce often will give you emotional closure where which can allow you to move forward and rebuild your life
- Tax and legal clarity– After the divorce, both people file independently for tax purposes, with no confusion about filing status.
You should choose divorce if you’re sure the marriage is over and want legal and financial independence, Emotional closure, and the ability to fully move on with your life.
Choose Roberts and Zatlin For Support
Ending a marriage will never be easy; it comes with stress, anger, and a lot of emotions, but here at Roberts and Zatlin, one of our experienced attorneys can help you understand the difference between legal separation and getting a divorce. We are here to help you get what is best for you and your partner. We can help answer any questions you may have and give you the best options based on what will work best for you and your family. Contact Roberts and Zatlin today, or on our website, you can fill out a form to schedule a free consultation.
