What's the difference between a legal separation and divorce?

Divorce v. Separation

The difference between a legal separation and divorce...


Divorce is the legal termination of a marriage, a legal separation allows a married couple more time to ponder whether divorce is the correct option. the legal separation agreement can later be converted to a divorce at the request of one or both of the parties. But the court determines child custody, asset distribution and spousal responsibilities in both cases.


A legal separation seems a lot like divorce, but the people in a legal separation are not free to remarry. Legal separation may be the best for couples who do not want to formally terminate the legal marriage due to religious restrictions, or because of concerns about availability of spousal benefits such as Social Security or military benefits that become eligible only after remaining married for a certain number of years. Helath insurance is another important factor, but sometimes insurance policies do not cover a spouse following a legal separation.


Divorce is a specific legal end to a marriage as the court is validating the final termination of it. The plus side of a Divorce Divorce is that it often provides closure, liberation and healing to those involved in a painful relationship. Divorce may bring financial benefits to those who feel they are involved in an unfair marital situation.


A separation is not considered legal as the couple have mutually decided to part ways for an undisclosed period of time. But in some countries, separation can be given a legal status by getting a legal separation done. In a legal separation, a couple live apart and also disentangle their finances without getting a divorce. Essentially, with a legal separation, the marriage is in a state of "mutual limbo" the couple can reconcile later, or in due course get a divorce.


Divorce and Separation have different legal status and may also differ in terms of custody of children. A separation is a condition where a couple live apart without getting a divorce. At the time of a divorce and separation, various issues such as custody of children, financial burden and asset control have to be settled between a couple. A legal separation is dependent on mutual agrrements. In a divorce, the court decides these issues while in a separation, the couple themselves have to agree upon them. A legal separation is more of a "civil" and "hopeful" deterant to the finality of divorce.



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