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Legal separation versus divorce: which is right for you?

On Behalf of | Oct 7, 2024 | Legal Separation

If you and your spouse are having marital problems, it may seem like the logical next step is divorce. Still, most couples are reluctant to take that final step.

You may want to consider a legal separation instead. But before doing so, it’s important to know how it’s different from a divorce and the pros and cons.

Reasons for choosing legal separation

California recognizes legal separation, which allows a couple to live apart without legally dissolving the marriage. Conversely, divorce legally terminates the marriage. There are several reasons why a couple may choose to legally separate, such as:

  • Benefits such as health insurance, taxes and retirement
  • Religious beliefs
  • You or your spouse has not lived in California long enough to get a divorce
  • It provides time and space to reflect on the relationship and work through problems

A legal separation also allows court orders regarding spousal support, ensuring both parties are able to maintain their standard of living during this period. Furthermore, as in a divorce, marital assets are divided 50/50.

However, legal separation does have its drawbacks, including:

  • It can be as costly as a divorce
  • Spouses aren’t free to remarry
  • There is a sense of being in limbo without the closure a divorce provides

It can be difficult to decide which option is best for you, so consider the following:

  • The influence of your personal, religious or cultural beliefs
  • The financial implications concerning taxes, insurance and retirement benefits
  • What your future goals look like

Throughout the decision-making process, it’s imperative that you and your partner maintain open communication. You should also discuss your situation with someone who can look at the big picture and help you understand your options. This individual can also help protect your best interests and rights.