Legal Separation v. Divorce

Unlike divorce, a legal separation does not put an end to the marriage, it enables the couple to live separatly but remain married. During the time a couple is living apart, they may enter into a separation agreement, which is a legal contract that outlines the rights and responsibilities of each spouse. In other words the couple remains legally married while chooising to live separate lives.

One of the benefits of a legal separation is that the couple has the option of reconciling the marriage through intensive marriage counseling, which ultimately may save the marriage. If a couple is still usure about whether they ultimately want a divorce but acknwledge that they need time apart in order to work on their relationship, legal separation is the best alternative.

Another reason couples select to enter into a legal separation agreement rather than filing for divorce is the necessity of continuing health insurance coverage. Whether a spouse is uninsured because their employer does not provide it or they are sumply unemployer, legally spearated spouses can still remain covered under their spouse’s health insurance plans. Unlike in a divorce where once the divorce is granted, if one spouse is being covered under the other’s health insurance, that insurance coverage will be terminated.