Legal Separation Vs. Divorce

In its simplest terms, the difference between a legal separation and a divorce is that a divorce ends a marriage, while legal separation does not. A legal separation allows some cool-off time for a troubled couple and gives them a chance to reconcile their relationship. And if things work out well between the couple later, the legal separation can be ended and the couple can continue their marriage. A divorce on the other hand puts a permanent full-stop to the marriage. There are some more differences between a legal separation and a divorce. Let us discuss 'legal separation vs divorce' in detail.

Legal Separation
Most people might not know that the law gives you several options to reconcile your relationship. While a divorce is pretty straightforward and most people know about the legal repercussions that follow, let me first explain a slightly softer alternative to divorce - a legal separation. It is something a couple might want to think about before filing for a divorce.

Types of Separation
Sometimes a couple thinks that they need a divorce, when actually what they need is some time out. The pressure between two married people can sometimes be eased by just staying away from each other.

Trial Separation: Here the couple lives apart to cool the tensions between them. Often, there is just a simple fight between the couple, or a clash of egos. In such a case, a trial separation keeps them apart for a while and gives them a chance to realize that they cannot live without each other and that divorce is too extreme a step.

Living Apart: A situation where the spouses are no longer residing in the same dwelling. The legal rules for such an arrangement varies from state to state. If the couple know that they are certainly not getting back together, in some states, the rules to asset ownership and accumulated debts change i.e., depending upon the rules in each state, the assets/debts incurred by one spouse may be the property of that person alone or a joint property.

Permanent Separation: A situation when a couple is sure of splitting up. In most states, all assets and debts incurred by either spouse is their own responsibility, EXCEPT in certain cases, where they are incurred for maintaining their marital home or their children.

Legal Separation: Legal separation is very much like a divorce. The court rules on various issues such as division of property, separate maintenance, child custody and visitation rights, but does not end the marriage. A divorce might be the next step, but a legal separation at least gives the couple an opportunity to continue their marriage.

Legal Separation vs Divorce
Now that we know what is a legal separation, let us understand the advantages and disadvantages of legal separation vs divorce.

• In a legal separation, a health insurance coverage continues uninterrupted. A divorce ends the health insurance coverage of a spouse and they are forced to pay a higher premium to retain the insurance.
• A legal separation does not end a marriage in the eyes of law. Therefore, after 10 years of marriage, the spouse is applicable for certain social security benefits, and here again a legal separation is fruitful.
• A legal separation is also a considered as a 'softer' option to divorce. A divorce is viewed as a more extreme step and may not be taken by several couples for religious and personal reasons.
• A legal separation may still end in a divorce, but it gives the marriage a chance, and the couple to get back together.
• The only disadvantage to a legal separation is that bigamy is not permitted in the United States, and hence a partner in a legally-separated marriage cannot marry someone else.

So this was all about legal separation vs divorce. Separation or divorce, either way it is quite an extreme step and leaves behind a trail of broken hearts. One need not always take such a harsh decision. Sometimes all you might need is some marriage counseling, mutual communication or a slight personality correction. Is that too much to give for the person you love?