Not all married couples who decide to live apart end up getting legally divorced. Some couples simply start living apart without any legal agreement, in an informal separation. They can also separate legally, by going through a process quite similar to divorce except that the legal marriage is technically still intact. Not all states allow legal separation, though, so check with a lawyer if you're interested in this option. There are a few reasons why couples might choose separation instead of divorce.
- Some couples choose separation instead of divorce because it feels like a less drastic step. In an informal separation, there's still the option of reconciling. And even though a legal separation means dividing up property and deciding on custody just like a divorce does, for some people it feels like taking the process more slowly and makes the difficult feelings easier to cope with.
- In some states, being separated for a certain period of time is a prerequisite for getting divorced if one spouse doesn't agree to the divorce.
- Some couples choose legal separation in order to keep the family together legally for the sake of the children.
- Some spouses choose legal separation so that one spouse can retain insurance benefits through the other spouse's employment--but watch out for this, because some insurance companies and employers consider legal separation the same as divorce.
- Some people choose legal separation for religious reasons.
