Legal separation is an alternative to divorce, offering the disputing spouses space, security, and time to evaluate their marriage. Although not a surefire precursor to divorce, like divorce, legal separation also requires a court order. To seek a legal separation, married spouses must live apart and address parental responsibilities, child support, and spousal support. Divorce can be emotionally strenuous and financially draining. Legal separation might be a viable solution as it can prepare families for the finalization of divorce or give them a chance of reconciliation.
Similarities and Differences between Legal Separation and Divorce
In a legal separation, all assets and debts accumulated after the separation are non-marital, but benefits like health insurance are still shared. Legally separated spouses are granted the liberty to assess their marital strife peacefully. Legal separation can be temporary as there is always a possibility of a reunion. Separated spouses are still technically married.
Divorce ends a marriage. Marital property is divided, and shared benefits are terminated. Divorce is final, and contested ones can be acrimonious and prolonged in courts.
...