How to Differentiate Legal Separation & Divorce?

How to Differentiate Legal Separation & Divorce?

For most couples, divorce is the final option. When things do not work anymore, it is time to separate. However, divorce is not the only option. The couple always has the option of choosing legal separation prior to the divorce.

Most people do not know the difference between legal separation and divorce. Are these things the same, and do the same rules apply? Well, both YES and No. Here is how you can easily distinguish the two, and here are some of the most common differences between legal separation and divorce.

Separation Creates Space

If a married couple is fighting all the time, they may require some space between them, to clear the air and to think about things. Divorce should not be the first option as it is usually final and it means that the couple has come to a conclusion. However, if one of the spouses decides to take a leave or separate from the other partner for a certain period of time, it may actually be beneficial for their marriage.

Consult with Salt Lake City divorce attorneys and find out more about separation and how it can be done legally. Our attorneys can create a contract preserving your marriage and at the same time, allowing you to put some distance between you and your other spouse.

  • It provides the couple with much-needed distance and time apart. They have the time to think whether divorce is what they want or not.
  • Both spouses and their children retain their health insurance (online divorce, separation allows both parties to still retain their medical insurance).
  • If the two are unable to divorce for religious beliefs, separation allows them to live separately and still be married.
  • Separation allows you to take advantage of your spouse’s social security benefits. By staying separated for over 10 years, you keep your marriage for at least 10 years, which grants you better social security points and will help you in the long run (retirement).
  • If the two decide to get divorced, the legal separation agreement can easily be turned into a divorce settlement agreement.

With Separation, You Still Have a Chance

Divorce is final. Once you both sign the papers, there is no going back. However, with a legal separation, you both can come to terms and maybe get your lives back together. Sometimes it is good to be apart for a while, and give your relationship enough space to breathe. You both still retain your marital status and still have the same benefits of being married to each other.

If things do not work out even after being separated, you always have the option of converting your legal separation agreement into a divorce agreement. Call the Divorce Attorneys in Salt Lake City at Emy A. Cordano – Attorney at Law and have them convert the documents for you. And if you are in need of an attorney to represent your best interest, their legal professionals will gladly help you divorce while protecting your best interests.