What’s The Difference Between Divorce And Legal Separation

If a couple is facing a challenge in their life that will lead to them splitting up, there are two ways they can go about doing it. They can get a divorce or decide to legally separate. Both of these methods have their own advantages and disadvantages, and it helps to know the differences so you know which one is right for you.

Legal Status Impact

When a couple gets divorced they are essentially terminating their marriage, and that marital bond will be completely gone. The couple is then no longer married, and they can get married again if they want to. However, a legal separation is a bit different, since it's an arrangement that allows two people to live separately while still being legally married. They get some of the benefits of still being married, and legal protections that come from a divorce.

Marital Status Effect

A divorce will permanently end the marriage, and provide a clean break for both people to move forward with their lives. The legal ties between both people will no longer be there and each person can do what they wish. A legal separation can include specific agreements for things like child custody, spousal support, and finances for running a household. It all depends on the agreement that is made for the legal separation.

Division Of Assets

A divorce involves dividing all marital property between both people and is a process that makes sure that assets are distributed fairly. A legal separation will also involve the division of assets in a similar manner. However, any new assets acquired after the legal separation are no longer considered to be marital property. If a couple were to get a divorce after a legal separation, the division of assets helps establish what belongs to each person. 

Health Insurance Benefits

Since a couple that is legally separated is still considered married by law, it means that each person can share the benefits they would receive if they were still married. This extends to health insurance benefits, where one person is on the health insurance plan of the other person. This is common if one person is working while the other is not, and the couple is using a shared health insurance plan.

A divorce does not allow you to have the same benefits of sharing health insurance. The marriage will be terminated, and those shared benefits will no longer be allowed.  

For more info about divorce and legal separation, contact a local professional. 


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