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What Is the Difference Between a Legal Separation and a Divorce?

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By Liz B. Gatsby
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What Is the Difference Between a Legal Separation and a Divorce

A legal separation is a way for couples to end their marriage without filing for divorce. It is similar to a divorce in that the process is the same, including splitting up assets and debts. Although legal separation doesn’t terminate the marriage, it does cut off your ties with your spouse and prevent you from remarrying. A legal separation can be used as a trial divorce in some circumstances.

In some states, a legal separation can last as long as you’d like, but if you remarry, it’s not legal anymore. However, there are states where you must stay separated for a certain amount of time before you can file for divorce. In these cases, it is important to consider the pros and cons of each option.

While a legal separation and a divorce have some similarities, they are fundamentally different. In general, divorce ends the marriage, while a legal separation does not. This distinction is important when determining spousal support and child custody and visitation.

A legal separation has many benefits over a divorce. For example, you can keep certain benefits of your marriage, like health insurance, if you’ve been married for ten years or more. A legal separation also gives you more time to divide your assets and property. A legal separation can also allow you to continue to receive certain benefits from your employer.

A legal separation is different from a divorce because both parties remain legally responsible for each other. A legal separation is more flexible and allows for the couple to remarry later. It also allows the couple to maintain alimony payments and child support obligations.

Generally, a legal separation allows the couple to maintain their health insurance benefits while the parties live apart. Unlike a divorce, a legal separation preserves each spouse’s property inheritance rights. The benefits of a legal separation include allowing each spouse to move on and make independent investments.

A legal separation can protect the rights of your children and your marriage. It can also be better for your finances and personal well-being. It can even be more advantageous than a divorce in some cases. If your marriage is on the rocks, a legal separation may be the way to go.

While a legal separation is different from a divorce, the divorce process will ultimately result in a final judgment. During the divorce process, the couple will decide on property division, spousal support, and child custody. Once the divorce process is complete, they will no longer be legally married. A legal separation is a great option for couples who want to separate their lives without having to go through the divorce process.

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