It’s not easy to end a marriage. There are plenty of processes involved, which can differ for legal separations and divorce.
For instance, the legal separation process may require you to get your hands on a separation agreement sample or contract, while a divorce follows different procedures.
If you don’t know the difference between legal separations and divorce, it’s crucial to find out before beginning the process. Here’s all you need to know.
What Is a Legal Separation?
A legal separation is an agreement that stipulates that a couple will live separately but remain married. It’s a process where you separate from your partner but do not entirely dissolve the marriage.
How Can You Get a Legal Separation?
To get a legal separation, you must go through a court and prepare a legal separation agreement to split your property.
During this process, you will terminate any joint financial responsibilities you have established with your spouse and establish childcare arrangements for your children.
What Are The Main Reasons For Seeking a Legal Separation?
There are three main reasons you may seek to go through a legal separation:
- You may decide against divorce for religious reasons
- You may have only been married for a short timeframe (less than a year)
- You may want to consider living together with your partner after the legal separation if you can work through the difficulties
What Is a Divorce?
Divorce is similar to a legal separation; it’s a process and legal termination of a marriage.
Just like legal separation, for a divorce, you’ll need to go through the courts to get the decision approved.
The process may also involve planning, completing the property division, and establishing the best plans for your children.
In Which Situation Should You Choose a Legal Separation and Not Divorce?
There are various situations where you may prefer to choose a legal separation and not a divorce. Here are five reasons to select a legal separation instead of a divorce.
1. You’re considering reversing your decision
It’s possible to reverse a legal separation, but you cannot reverse a divorce. If you’re considering reversing your decision, you may want to consider a legal separation and not a divorce.
2. You want to remain with your partner legally for your children
You may have young children and want to remain with your partner legally. In this case, choosing a legal separation over a divorce may be a better option.
3. You may want to retain the health insurance established during the marriage
If you choose a legal separation, it may be possible to retain the health insurance you receive from your spouse. This arrangement will end if you choose a divorce, which is why you may consider a legal separation instead.
4. You may want to continue jointly filing taxes
You may consider a legal separation over a divorce if you get tax advantages due to joint tax filing. Legal separation still permits you to jointly file taxes and continue getting tax advantages.
5. You may want to get certain social security advantages
If you want certain social security advantages after 10 years of marriage, consider using a legal separation to remain married.
In Which Situation Should You Choose Divorce And Not a Legal Separation?
There are a couple of critical situations when you should choose divorce and not a legal separation.
1. You want to marry someone else
Since it’s illegal to marry again while you’re still legally married, you must get a divorce to proceed with a remarriage.
2. You may want to annul any responsibility for medical decisions
You may wish to annul any next of kin responsibility for your spouse. If you opt for a divorce, you will no longer be responsible for spousal medical decisions.
What Does a Separation Agreement Contain?
A separation agreement contains specific terms, including:
- A section related to the division of the marital assets
- A clause pertaining to the debt responsibility division
- A section related to visitation rights for children and child support
- A clause related to spousal benefits
You must also ensure you include the following critical information in your separation agreement to make it legally verifiable:
- Your name and address
- Your spouse’s name and address
- Information related to the marriage
- The date upon which the separation begins
- A statement declaring the request to separate
- Information on the division of assets
- Details on how the agreement will be used
Legal Separation Vs. Divorce: What to Keep in Mind
Making a choice between a divorce and a legal separation isn’t easy, and it’s never a simple time. Just remember the critical difference between the two.
While a divorce is a legal termination or dissolution of a marriage, legal separations are not permanent.
Remember this to make the right decision for you and your family.