Couples sometimes hit a rough patch in their marriage. And while they may no longer want to be under the same roof, they’re not quite ready to ultimately call it quits.
Sometimes, a legal separation may seem like a good compromise. Still, it comes with its own legalities. Breaking down the differences between a divorce and legal separation can help you determine which is best for your situation.
Why do couples choose legal separation?
There are multiple reasons why couples may choose to separate legally but not divorce, including:
- Religious beliefs
- Benefits such as health insurance
- Lower taxes
- Provide time and space to work through issues
- Give the children time to adjust
- Need to wait out the 6-month Indiana residency requirement before divorcing
During a legal separation, the couple is allowed to live apart but remain legally married. A divorce legally dissolves the marriage. In both a divorce and legal separation, the court settles issues regarding child custody, support and parenting time.
If a couple legally separates, the court will make a temporary decision regarding financial obligations. These arrangements can change if the couple chooses to reconcile. If they decide to divorce, the court will divide the marital property and liabilities between the two spouses.
In order to receive a legal separation, the couple must show an irretrievable breakdown of the marriage, but there is still the possibility of reconciliation. Legal separation ends after one year, after which the couple must decide whether to reconcile or proceed with a divorce.
Deciding whether to divorce or legally separate is a personal decision that hinges on a person’s current circumstances and future plans. If you’re not sure which is your best option, you may want to speak with someone who can provide clarity and guidance.