Divorce may be common, but it can also be famously complicated. Taking between three months to over a year to finalize, these legal proceedings can quickly become stressful and expensive.

That’s why many couples opt for legal separation instead. This alternative to divorce can sometimes be the right option when both parties need a break, but the change can affect your legal rights.

If you’re unfamiliar with this option, you may be wondering “What is a legal separation, and when should you consider one?” Let’s take a look at the basics of legal separation, how it’s different from divorce, and when it might be the best choice.

What Is Legal Separation?

First, let’s start with the term “separation.” A couple can have an informal separation without the court getting involved.

Informal separations are voluntary, and they don’t involve any legal changes. Instead, both parties will agree on each person’s living arrangements, who will pay different bills, who will have custody of any children, and similar issues.

Legal separations move a step beyond these types of informal agreements. If you and your partner are legally separated, you’ve created a formal and written separation agreement. A court will have to recognize this type of separation.

The written agreement will include details on many of the issues mentioned above, such as bill payment or child custody. If one partner doesn’t follow the agreement, the other can have the court enforce the agreement.

As with an informal separation, couples remain married during a legal separation and are unable to remarry.

Note that not all states allow legal separation. In addition, the process for filing one can vary from location to location. In some states, couples can maintain their legal separation indefinitely; in others, the court can put an end date on the separation period.

How Is It Different From a Divorce?

The differences between legal separation vs divorce can sometimes be subtle. Here are a few ways they differ:

The State of the Marriage

There’s one major difference you should take into account if you’re considering separation over divorce: legal separations leave the marriage intact. If a couple decides to get back together after the separation, all they have to do is ask the court. If a couple decides to get back together after a divorce, they’ll need to remarry.

The Right to Make Decisions

During a legal separation, your partner keeps all of their legal rights as your spouse. This includes the right to make major decisions. Your spouse is still your next of kin and vice versa, and each of you can still make medical and financial decisions on the other’s behalf.

The Right to Property

As with a divorce, spouses lose the right to each other’s property after a legal separation. In some states, the division of joint property is based on its value at the date of the separation, which isn’t always the case with divorce.

The Right to Benefits

After a divorce, both parties lose access to each other’s healthcare benefits. With a legal separation, some states allow couples to keep each other’s benefits.

Do You Still Need a Lawyer?

As with many types of court filings, the law doesn’t require you to file for a legal separation or a divorce with help from a divorce attorney. You can find the forms on your state or county’s court website, and you and your partner can work through them together.

However, hiring a family attorney can make the process much easier for everyone involved. An expert like this divorce lawyer can ensure that your agreement considers all of the essentials, from property division to spousal support. They can also file paperwork on your behalf and help you navigate the ever-changing laws around legal separation.

When Should You Consider Legal Separation?

Each couple’s situation is different, so it’s important to weigh the pros and cons before opting for legal separation.

Benefits of Legal Separation

For couples who need time and space to reconsider their marriage, legal separation can be ideal. If there is a chance of reconciliation in the future, legal separation makes it easy for couples to divide their lives for a short period. It’s easy to change your mind at any point by filing a motion to revoke your written separation agreement.

For couples who can’t afford the cost of a divorce, legal separation can be a good alternative. This option is often far less expensive than a divorce.

For couples who wish to separate but want to remain married for legal reasons, legal separation offers several advantages. Couples can retain their healthcare benefits and make decisions on each other’s behalf. If there are children in the picture, legal separation can offer fewer legal and financial complications than a divorce.

For couples who know a divorce is on the horizon, legal separation can create an opportunity to work through marital issues. This can be helpful if you’re hoping to work toward an uncontested divorce in the future. Opting for an uncontested divorce after a legal separation can save couples a lot of arguments, time, and money.

Disadvantages of Legal Separation

Legal separations still have many of the same disadvantages as divorce. Though not as costly as a divorce, they can be expensive and complicated. Worse, if a legal separation leads to divorce and the divorce is not uncontested, you can pay far more than you would by getting a divorce right away.

In addition, though spouses can date, they cannot remarry. This means legal separation isn’t always the best long-term solution to dissolve a marriage.

Consider Getting Legally Separated

Now that you’ve stopped asking yourself “What is legal separation?” you might want to consider it as a viable alternative to divorce. Though this option may not be ideal for everyone, couples who still want to retain ties to their partner may prefer it. Weigh the pros and cons with your partner, and consider reaching out to an expert for legal advice as you decide.

If you found this guide helpful, be sure to take a look at our other posts for additional insights!