Legal Separation vs. Dissolution of Marriage: Which Option is Right for You?

Are you struggling to decide between a legal separation and a dissolution of marriage? At Spodek Law Group, we understand the confusion that can arise when it comes to separating from a spouse. In this article, we’ll explore the differences between legal separation and divorce and help you decide which option is best for your personal and financial needs.

Key Differences Between Legal Separation and Divorce

Legal separation is a court order that outlines the rights and responsibilities of a married couple while they live apart. Although a legal separation separates a couple financially and can offer legal oversight for child custody, spousal support, and debt management, the couple is still considered married. In contrast, a divorce legally dissolves a marriage and terminates the marital status.

While the procedures for legal separation and divorce are similar, the key difference is that a divorce terminates the marital status, allowing either spouse to remarry immediately. In a legal separation, neither spouse can remarry unless they obtain a divorce. Additionally, health insurance companies may view legal separation as equivalent to divorce and may not cover both spouses under the same health plan.

Reasons to Choose a Legal Separation Instead of a Divorce

There are several reasons why a legal separation may be a better option for some couples. For example, if you have young children, you may wish to keep the family together legally for their sake. Additionally, a legal separation can be reversed, whereas a divorce is final. If you’re uncertain about ending your marriage, a legal separation can give you space to figure things out while still protecting you financially. Couples that can’t divorce for religious reasons also turn to legal separation.

Moreover, a legal separation can provide financial benefits. For instance, one spouse may still be eligible for health insurance coverage from the other spouse’s job, and both spouses can continue to file taxes jointly, leading to tax benefits. Finally, if you’ve been married for less than ten years, you may want to consider a legal separation to remain technically married until you reach the ten-year mark and become eligible for Social Security and military benefits from your spouse’s work.

Reasons to Choose a Divorce Instead of a Legal Separation

If you’re certain about ending your marriage, a divorce may be the best option. A legal separation might cost the same as a divorce and take the same amount of time to process. Therefore, getting a legal separation only to have to go through the process again to obtain a divorce might not be cost-effective. If you want to get remarried, you must get a divorce because you can’t legally remarry with a previous marriage in place. Furthermore, if you want no connection with your spouse, such as the ability to make medical or financial decisions for one another, divorce may be preferable, as you are no longer considered next of kin.

It’s important to note that not all states allow legal separations. In these states, you’ll need a divorce to financially split off from your spouse. Our legal team at Spodek Law Group can provide expert guidance and help you navigate the legal separation or divorce process. Whether you choose a legal separation or divorce, we’re here to support you throughout the process.

Financial Responsibility During Legal Separation and Divorce

During a legal separation, both spouses are typically responsible for any new debt they acquire individually. However, if there is debt or other outstanding financial obligations that the couple acquired as a team, they are both responsible for those obligations. A legal separation agreement can specify which spouse is responsible for which debt so that there is a clear understanding.

Similarly, during a divorce, all assets and debts are identified and characterized as community property or separate property, and community assets and debts are divided equally between both parties. Child support and spousal support are awarded if appropriate. Our team at Spodek Law Group can help you navigate the complexities of divorce and ensure that your assets and liabilities are equitably distributed.

How to Decide Which Option is Right for You

Choosing between legal separation and divorce is a deeply personal decision that depends on several factors, including your financial situation, family, and religious beliefs. At Spodek Law Group, we understand that this can be a challenging decision, which is why we offer compassionate and expert guidance to help you make the best decision for your situation.

If you’re still unsure whether legal separation or divorce is right for you, consider speaking to a financial professional or a legal expert. Our experienced attorneys can provide you with detailed information and help you make an informed decision about the path that is best for your future.

Conclusion

In conclusion, choosing between legal separation and divorce is a significant decision that requires careful consideration. While both options offer legal protection and financial oversight, they differ in terms of the termination of the marital status. If you’re unsure about which path to take, our team at Spodek Law Group is here to help. With our compassionate and expert guidance, you can make a confident decision about your future.