There are a number of reasons why some couples choose to legally separate if they no longer want to remain together. Some belong to a religion or culture that prohibits or at least strongly discourages divorce. A legal separation can allow them to live separate lives without the negative ramifications that being divorced can bring.
There can be a number of practical reasons as well for not getting a divorce. Everything from taxes to probate laws to insurance (in some cases) can favor couples who are legally married – even if they’re living separate lives. Any couple who is choosing legal separation over divorce because one spouse has a chronic or serious illness and needs their spouse’s insurance coverage should verify that a spouse can remain on that policy after legal separation.
The formalization of agreements in legal separation
In some cases, people choose legal separation as a potential step toward divorce. Unlike choosing to live apart, obtaining a legal separation can include the formalization of certain agreements around child custody and support, spousal maintenance and property division.
This can help an eventual divorce proceed more smoothly. It may be possible to modify some of the terms of the legal separation when it’s converted to a divorce if circumstances warrant changes.
Converting a legal separation to a divorce
Some legally separated couples, as noted, go on to eventually get a divorce. They can “convert” their legal separation to a divorce, but they must wait at least six months from the date of their legal separation decree. That’s an important factor if one or both spouses is considering officially ending the marriage soon after the separation.
Basically, a legal separation can accomplish anything a divorce can except terminate the marriage. However, as discussed here, they’re two very different steps. That’s why it’s crucial to understand any advantages and disadvantages of getting a legal separation, whether you’re planning to divorce in the future or not.
It’s also crucial to give the terms of your legal separation serious consideration since both spouses are required to abide by them. Getting sound legal guidance is a good first step.