Divorce and Legal Separation: Its Similarities and Differences

Divorce and separation are two terms that are often used interchangeably when describing the breakup of a marital bond. While they might have some similarities, it is important to note their differences too.

What is separation?

Sometimes when a couple starts having a misunderstanding, instead of opting for a divorce they might decide to live separately while hoping to fix the issues in their marriage.

The different types of separation include:

Trial Separation- In this, the couple will decide to live apart for a while to see if they can sort out their differences. In cases where they were unable to sort out their issues, then they will file for a divorce.

Permanent Separation– The couple decides to live apart permanently with no intention of reconciling. In some states, when couples are permanently separated then the property, debts, and assets acquired during this period belong to only the spouse that acquires it.

Legal separation: This can be done by filing a request in the family court. Most people opt for legal separation because of their religious belief which disapproves divorce.  With a legal separation, each partner is entitled to property benefits, alimony, child support, and custody, just as in a divorce.

Can a separated couple still live in the same house?

Yes. Not all separated couples live separately. They can still share the same accommodation while living independently.  In this case, they don’t share any intimacy anymore but only live as flatmates.

Differences between Separation and Divorce

The major difference between a legal separation and a divorce is that the marriage remains intact so the couples are ineligible to remarry. Also, unlike a divorce, a legal separation is not a final order as it can be modified, altered or changed by the court whenever issues arise. During the separation period, the couple can either decide to reconcile or file a divorce. 

The Similarities between Separation and Divorce

Just like in a divorce, the couple must have been married for a minimum of three months before they can be eligible to file for a separation.

A separation can be processed either by mutual agreement or initiated at the request of either of the couple. Also, both the separation and the divorce decisions must cover the children’s custody, child support, alimony, use and enjoyment of the marital home, property sharing, etc.…

Finally, in both divorce and separation, an ex-spouse becomes ineligible to inherit the property of the other except they are included in the person’s statement of will.

Reasons why people choose a legal separation:

Apart from the religious reason that I mentioned earlier, there are other reasons why people consider a separation instead of a divorce.  They include:

• To enable a spouse, remain eligible for his/her government benefits such as social security.
• To enable a spouse, remain eligible for the other’s insurance and health care benefits.
• To enjoy the available tax benefits of being married.
• The couple still considers the possibilities of reconciliation in the future.
• When the couple is ineligible to file for a divorce but wants a court-sanctioned separation agreement until they are eligible to get a divorce.

If after twelve months of separation the couple decides to apply for a divorce through the family court, then the court would look into their case and grant their request. Most divorce cases are finalized within several months but the complicated cases take longer.

Are you considering a separation or divorce from your spouse? If yes, then you must consult a qualified family law attorney to advise you on the processes, benefits, problems and other factors you should consider before making a decision.