Legal Separation vs. Divorce
The main difference between the two is that with a ;divorce ;the marriage is ended, changing the legal status of the parties in relation to one another. With a legal separation the marriage is suspended, enabling the couple to live apart, yet legally remain married.
A separation agreement legally addresses issues such as the division of assets and debts; child custody, visitation and support; spousal support; living arrangements; and benefits. This agreement should clearly outline the separated couple’s ;mutual ;rights and liabilities. Not all states ;ecognize legal separation: Delaware, Florida, Georgia, Mississippi, New Jersey, Pennsylvania and Texas do not.
Sometimes couples choose to legally separate to give them time to consider whether or not they wish to divorce, leaving the possibility of reconciliation open. For many who choose legal separation, a determining factor is the ability to retain benefits like health insurance. If this is the case, check your policy carefully to make certain there is no language concerning legal separation that may affect your coverage. Religious beliefs may also be a determining factor in choosing legal separation over divorce.
Other considerations may be the number of years you have been married. There may be advantages to remaining married at least ten years for military and social security benefits. If you decide to proceed with a divorce, the decisions made for a separation agreement will be similar to those made in a settlement agreement, and often set precedence for a court’s decision. Keeping this in mind, you should make certain that your separation agreement terms can be lived with long-term.
