Definition of a Legal Separation

A legal separation is more than merely establishing separate homes. Here are some factors in legal separations:

Does not put an end to the marriage

Unlike a divorce, a legal separation does not put an end to a marriage. Basically, it is a court order/judicial decree that outlines each party's rights and responsibilities while they live apart. The terms of legal separation differ from state to state.

Why you might want a legal separation

A legal separation is beneficial if:

You are not sure if you want a divorce

You want to retain medical benefits

You want to secure spousal support for tax purposes

You are married for 10 years or more and want to take advantage of certain Social Security benefits

Not free to remarry

You are not free to remarry when you are legally separated -- also, in some states, infidelity while legally separated will have financial ramifications.

Distiction between Legal Separation and a Dissolution of Marriage

The distinction between a Legal Separation and a Dissolution of Marriage is the end result. The parties obtain a Decree of Dissolution and after six months they can file for a Dissolution of Marriage. The court then turns the Legal Separation into a Legal Divorce as long as both parties are notified.

Informal vs. Legal Separation

If legal separation seems like a big jump, you can opt for a trial separation. A trial separation is easily reversible

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