A legal separation is a type of order released by the court that legally decides the rights and duties of a couple during their period of separation. The couples are still considered married during that duration. On the other hand, in the case of divorces, the couples are not considered married. Hire an Orange County divorce lawyer to get legal assistance for your divorce case.
Legal separations are not that common as compared to divorces. However, they can be a good choice for those couples that find it difficult to live together but do not want to go through a divorce. A legal separation allows them to see how things will work out if they divorce without doing it.
In order to pick the better option between separation and divorce, it is essential to be aware of both implications.
Difference between Legal Separation and Divorce
There are several differences between separation and divorce. The critical difference is that the couple remains married by the law in a legal separation, while divorce leads to the complete dissolution of marriage. Other distinctions between divorce and separation are as follows :
- Healthcare benefits
During a legal separation, the couple can enjoy health care and other social security benefits. On the other hand, divorce terminates those benefits, and the couple can no longer seek them.
- Status of marriage
During a legal separation, the marriage status is considered active, and the separated spouses cannot seek other partners or marry someone new. However, divorce leads to a proper marriage split, and both spouses are legally allowed to marry new people.
- Making decisions on behalf of another spouse
Legal separation grants the right to spouses to make medical and financial decisions for each other, but divorced spouses cannot do this.
- Debts/liabilities
Legally separated spouses can be held liable for the debt of their partner. While in divorce, all the debts and assets are legally divided and approved by the jury. After the divorce is finalized, the divorced spouses are not responsible for any debts incurred by their ex-partners.
- Property rights
Legally separated couples enjoy the right of property benefits in case one couple dies. Divorced couples cannot enjoy those rights.
- Remarriage/reconciliation
If the couple has divorced, the process cannot be reversed. If the couple wishes to reconcile at some point, legal separation is a better option than divorce. Only remarrying can allow the couple to legally unite again after divorce, while separated couples do not face this issue.
