Legal Separation vs. Divorce

Many times I have been asked what is the difference between getting a legal separation and getting a divorce. The quick answer is, very little.

Generally speaking a legal separation is going to deal with all of the same issues that are dealt with in a divorce, that being division of assets and debts, child custody, child support, parenting time and spousal maintenance.

The big difference is that if you reconcile with your spouse you don't need to get remarried again if you are only legally separated, whereas if you are divorced you would have to remarry your ex-wife (I actually know someone who has done this).

There are a couple of advantages to a legal separation to some couples though.

These advantages include:

1) It allows a cooling off period where people can spend time apart and figure out what they really want;

2) It allows some people to not violate their religious convictions that might prohibit divorce;

3) There may be certain social security benefits that you would remain or become eligible for as a spouse;

4) You may be able to remain on your spouse's health insurance;

5) If you are a military spouse, if you stay married for ten years you can take advantage of benefits set up by the Uniformed Services Former Spouse Protection Act.


Jason Pistiner, Esq.
SINGER PISTINER, P.C.
602-264-0110
jp@singerpistiner.com
www.singerpistiner.com