What is the Difference Between Divorce and Legal Separation
Marriage is an essential step that can change anyone’s life. However, living with a constant partner might not be suitable for everyone, leading to separation at some point.
Of course, not being used to living with a partner is not the only reason for a divorce or legal separation. There can be many reasons affecting new or old couples. If the tension in the relationship gets worse, it can feel like the situation is irreparable. In that case, divorce or legal separation will most likely happen.
If you are considering a divorce, contacting a divorce lawyer is a good idea to ensure that your rights are not violated during the divorce or legal separation process.
Both separation processes will end with the partners dividing their assets. A divorce lawyer can help with the split, so both parties get the right amount of money and property. But what exactly is the difference between a divorce and legal separation? Let’s find out!
The Main Difference Between Divorce and Legal Separation
For many people, both actions may seem similar. However, specific differences can help couples decide if they want a divorce or a legal separation. The main difference is marital status. Divorce means the end of the marriage.
Conversely, a legal separation does not end the marriage. However, it allows the partners to live separately. They still have specific duties and couple rights as mandated by the court. The marital status remains the same if the marriage does not end with a divorce.
Another difference regarding marital status is that the partners can’t undo a divorce. Partners need to remarry if they want to regain this status. When it comes to legal separation, this can be reversed. In a legal separation, the former partners are not allowed to marry someone else.
Keeping or Losing Benefits
Regarding divorce and legal separation, the ex-partners can lose the benefits of a married couple. A divorce will end all the family’s benefits regarding health care or social security. The spouse can still use some benefits during a legal separation because it does not end the marriage.
It is essential to check all your insurance policies because some may still be active during the separation from your spouse.
Making Decisions
This is another essential difference between the two forms of separation. In a legal separation, the ex-partner is still considered family and can make decisions regarding finances or healthcare. A divorce will not allow any of the partners to make decisions because they are not considered related anymore.
Rights for the Property
As in any separation, there will be a time to split the goods and the house. A legal separation preserves the rights over the property of both partners. Both must agree if they want to sell their house or make any changes to it.
With a divorce, things are a bit different. The goods and the property will be divided rightfully; after this split, the ex-spouse will have no rights to your half of the property. The same goes for debts. During a legal separation, both partners will pay them. Following a divorce, both parties will sort out the debts during the dissolution process.
*This is a collaborative post
