Is It Better to Get a Legal Separation Before a Divorce?

When faced with the decision of ending a marriage, couples often wonder whether it’s beneficial to first obtain a legal separation before proceeding to a divorce. To answer this, let’s explore the nuances of legal separation versus divorce, and when each option might be the right choice.

Understanding Legal Separation

Legal separation is a court-approved arrangement where a married couple lives apart but remains legally married. Unlike divorce, it does not dissolve the marriage. This arrangement can address issues like property division, child custody, and support, while the couple remains legally married.

Advantages of Legal Separation

1. Trial Separation: A legal separation allows couples to live apart while still being legally married. This can provide the necessary space and time to contemplate the future of the relationship without fully committing to divorce.

2. Financial and Legal Protections: During a legal separation, parties can still benefit from each other’s health insurance and other marital benefits, which can be crucial if one spouse relies on the other for health care or other benefits.

3. Religious or Personal Beliefs: For some, religious beliefs or personal values make divorce undesirable. A legal separation allows couples to live apart and address marital issues while still maintaining their marital status.

4. Legal Clarity: Legal separation offers a formal resolution of issues such as asset division and custody arrangements, similar to divorce. This can provide a clearer understanding of each party’s rights and responsibilities.

Disadvantages of Legal Separation

1. Not a Permanent Solution: A legal separation doesn’t end the marriage. If the goal is to completely dissolve the marriage, the couple will eventually need to go through the divorce process.

2. Financial Implications: Depending on the circumstances, legal separation can be financially burdensome. For example, maintaining two households can be expensive.

3. Legal Complexity: The legal separation process involves legal proceedings similar to divorce, including court appearances and legal documentation, which can be complex and time-consuming.

When to Choose Legal Separation

• Uncertainty About Divorce: If one or both parties are unsure about ending the marriage, legal separation offers a way to test living apart while keeping the option of reconciliation open.

• Health Insurance and Benefits: If one spouse needs to maintain health insurance or other benefits through the other, legal separation can be a practical solution.

• Religious or Cultural Reasons: For those who cannot divorce due to religious or cultural reasons, legal separation provides a way to live apart without violating their beliefs.

When to Choose Divorce

• Final Decision: If both parties have decided that the marriage cannot be salvaged and they wish to fully dissolve the marriage, divorce is the appropriate course of action.

• Financial and Legal Clarity: Divorce provides a definitive end to the marriage and a clear resolution of financial and legal issues, making it easier to move forward.

• New Relationships: If either party wants to enter into new relationships or remarry, divorce is necessary, as legal separation does not end the marriage.

Conclusion

Whether to choose legal separation or divorce depends on individual circumstances, goals, and personal values. Legal separation offers a way to live apart while remaining legally married, which can be advantageous in certain situations. However, for a complete dissolution of the marriage and to move on with life, divorce is the necessary step.