Legal separation can be a realistic and viable option for couples who are unsure if they want to pursue a divorce, but want to live apart and formalize their separation. On the one hand, legal separation allows couples to retain certain legal and financial protections while they live apart. On the other hand, legal separation can be expensive and may not provide a clean break from the relationship. 

What is a Legal Separation?

Separation is a legal process that lets married couples live apart while remaining legally married. During a legal separation, couples can formalize their separation by creating legal agreements regarding child custody, spousal support, and property division. These agreements can provide clarity and structure to the separation and ensure that each party's rights and responsibilities are protected. 

"When it comes to ending a marriage, most couples automatically opt for divorce - almost by default. But there are actually some pretty beneficial reasons to think about legal separation as a first step," attorney Rowdy G. Williams explains.

Legal separation is often used as an alternative to divorce for couples who are unsure about whether they want to permanently end their relationship or who may have religious or cultural beliefs that prevent them from getting a divorce.

The Pros of Legal Separation

  • Retain Legal and Financial Protections: Legal separation allows couples to retain certain legal and financial protections that they would lose if they were to simply live apart. For example, legal separation can ensure that spousal support and child custody arrangements are formalized and enforceable. The benefit here is peace of mind that both parties' legal and financial rights are protected.

  • Time to Reconsider Divorce: Legal separation can provide couples with the time and space they need to reconsider whether divorce is the right choice for them. It allows couples to take a step back from their relationship and evaluate their feelings and priorities without having to completely dissolve their marriage. This can be beneficial for couples who are unsure about what they want the future to hold.

  • Health Insurance Benefits: If one spouse is covered by the other's health insurance, legal separation can allow them to continue to receive coverage. This can be especially important if one spouse has a pre-existing condition or needs ongoing medical treatment.

The Cons of Legal Separation

  • Expensive: Couples will need to pay for legal fees, court costs, and any associated expenses. It can get expensive!  In some cases, the cost of legal separation can be almost as high as the cost of divorce.

  • No Clean Break: Unlike divorce, legal separation does not provide a clean break from the relationship. Couples will still be legally married and may be required to work together on important decisions, such as child custody and support arrangements.

  • Can Be Emotionally Draining: Legal separation can be emotionally draining for both parties. It can be very challenging to navigate the legal process while also dealing with the emotional fallout of a separation. This can be particularly challenging if one or both parties are not fully committed to the separation or are struggling with feelings of uncertainty or regret.

Other Factors to Consider

  • Legal Separation vs. Divorce: Before deciding on legal separation, it is important to consider whether divorce might be a better option. If you are certain that you want to end your relationship, divorce may be a more straightforward and permanent solution.

  • Legal and Financial Implications: Legal separation can have significant legal and financial implications. Make sure you fully understand these implications before beginning the process. Consulting with an attorney can be helpful in understanding your rights and responsibilities.

  • Communication: It's necessary to have open and honest conversations with your partner about your intentions and expectations. This can help ensure that both parties are on the same page and can work together to make the separation as smooth as possible.

Adding it All Up

Legal separation works for couples who haven't yet made a decision about divorce. It allows couples to retain certain legal and financial protections while they live apart and can provide the time and space they need to reconsider their options. 

However, legal separation can also be expensive and emotionally draining, and may not provide a clean break from the relationship. Make sure you consult with an attorney and keep the lines of communication open between you and your spouse.