A divorce is the final end to a marriage, and in order to get divorced you must have a judgment from a court. A legal separation will also result in a court order, but it doesn’t end the marriage permanently.
What does legal separation mean?
Legal separation generally refers to a court order which acknowledges that a couple is no longer living together and the spouses don’t intend to reconcile, so the order resolves the financial and other issues that come with the end of a relationship. A legal separation generally means that the spouses reach an agreement concerning child custody, visitation, and support, spousal support or alimony, distribution of property, and attorney’s fees, and the court enters an order about those issues. However, after an order of legal separation, the spouses are still married. A person who is legally separated can’t remarry, and still maintains a marital status of “married.”
It’s also possible to separate from your spouse without getting a legal separation—either through a temporary separation or a permanent separation.
What are the benefits of legal separation?
Couples sometimes choose legal separation because they prefer to stay married for religious reasons. You sometimes hear legal separation referred to as a “Catholic separation,” as it preserves the religious marriage. A legal separation also may allow an employed spouse to continue providing insurance coverage to the other spouse. In general, coverage for a spouse ends with a judgment of divorce, but the same may not be true for legal separation.
A legal separation helps to set the parameters for spouses in dealing with one another while living apart, while leaving open the possibility of reconciliation.
A legal separation is not a prerequisite to the dissolution of a marriage or divorce—it’s an entirely different legal status.
If you are considering a legal separation, divorce, or dissolution of marriage, you would be wise to consult an attorney who can give you legal advice about your particular situation.
About the Author
Steven Carlson, The Custody Coach™
http://www.childcustodycoach.com/
