Legal Separation: A Formalized Step Before Divorce

Legal separation is a distinct legal status that couples can opt for when they want to live separately but do not wish to dissolve their marriage or domestic partnership entirely. While it may not be available or recognized in all jurisdictions, it is an important option for some couples.

Legal separation shares some similarities with divorce but also has crucial differences. When you opt for a legal separation, you make a formal request to the court to recognize your separation as a legal status. Once granted, you and your spouse will be legally separate, allowing you to live apart while maintaining your marital status.

There are several reasons why couples may choose legal separation over divorce:

1. Religious Beliefs: Some religious faiths discourage or forbid divorce, making legal separation a more suitable option for couples adhering to these beliefs.

2. Social Security and Benefits: Maintaining marital status can preserve certain social security benefits or access to health insurance for a spouse.

3. Reconciliation: Legal separation allows for a cooling-off period, providing couples with time to reevaluate their relationship and potentially reconcile without the formalities of divorce.

4. Personal Preference: In some cases, couples simply prefer the legal separation route for their own reasons, which may be highly personal.

It's important to note that legal separation doesn't resolve all the issues typically addressed in a divorce. Therefore, it is still advisable to draft a separation agreement to address issues such as asset division, child custody, and support.

For more in-depth information on legal separation, visit Turning Point Family Mediation.