What’s The Difference Between Divorce & Legal Separation?

In an ideal world, all marriages would last forever. Unfortunately, in the real world, this only happens for approximately half of today’s married couples. The other half choose to end their marriages via divorce, annulment or legal separation.




We have talked before about annulments, the unique situations wherein they may be applicable, http://pmcwlaw.blogspot.com/2017/02/what-is-annulment.html. Today, we are going to look specifically at divorce and legal separation. Though similar in many aspects, these two legal rulings have distinct differences as well. Our Lake of the Ozarks family attorneys are here to help you evaluate your options to determine which solution may be best for you and your situation.



Divorce vs Legal Separation: The Similarities


Divorce and legal separation both mark a legal change of a marital relationship. Couples who file for divorce and couples who obtain a legal separation must both arrange various end-of-relationship details, including (but not limited to):
  • Child custody
  • Visitation
  • Division of marital property
  • Separation maintenance, which includes:
  • Child support
  • Spousal support

Divorce vs Legal Separation: The Difference


The primary difference between divorce and legal separation is that one officially ends the marriage and the other does not. Whereas divorce formally dissolves a marital bond, legal separation keeps the contract of marriage intact while acknowledging that the couple is separated. This means that couples who obtain a legal separation (instead of a divorce) may still mark that they are married on forms, they are not allowed to remarry, they may be eligible to receive spousal retirement or death benefits, and may inherit property from one another upon the death of one of the spouses. Further, if a legally separated woman gives birth to a child, the husband is still legally the presumed father unless/until officially proven otherwise.

In a divorce, all marital ties are completely severed and both spouses go on living their lives as single, independent individuals.


Why Obtain A Legal Separation?



Upon learning the similarities and differences between divorce and legal separation, you may wonder what purpose a legal separation serves. It’s true that in most cases, couples who wish to separate from their spouses choose to pursue a divorce instead of a legal separation, and as such legal separations are relatively uncommon. However, there are a few reasons why you may prefer a legal separation instead of an official divorce:
  • You are eligible to receive a tax benefit by staying married.
  • One spouse will remain eligible to receive the other’s healthcare or insurance benefits by staying married.
  • You believe there is a chance you and your spouse may get back together after spending some time apart, but need to have a judgment decide property and/or custody issues before that time.
  • One or both of you is opposed to divorce for religious or moral reasons.


Divorce vs Legal Separation: Which Is Right For You?


If you and your spouse are experiencing continuous difficulties or have developed irreconcilable differences, you may wish to pursue either a legal separation or a divorce. Our family lawyers in Camdenton MO can help you evaluate the pros and cons so you can devise the best course of action for your specific situation.

If you would like more information about divorces and legal separations and how to proceed with the option that will work best for you, contact our family law firm at the Lake of the Ozarks.

The choice of a lawyer is an important decision and should not be based solely on advertising. When you need a knowledgeable attorney, we invite you to contact us to set up a consultation. Evening and weekend appointments are available. We have access to interpreters.

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