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Legal Separation vs. Divorce: Which Is Right for You?

Alex Hoxdson by Alex Hoxdson
February 8, 2024
in Lifestyle
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Family matters can get pretty tangled up, and deciding between legal separation and divorce is like choosing between two paths through a thorny forest. If you’re grappling with this decision, you’re not alone. Many couples find themselves at this crossroads, and it’s important to explore both options carefully. So, get into some details about divorce and legal separation to give you a better idea. .

Table of Contents

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  • Understanding Your Relationship
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  • Money Matters
  • Healthcare Coverage
  • What Your Community Thinks
  • Get Legal Advice
  • The Kids
  • Splitting Stuff
  • Time and Money

Understanding Your Relationship

Legal separation means you and your spouse decide to live apart but are technically still married. It’s like hitting pause on your marriage. Divorce, on the other hand, is the full-stop button – it legally ends your marriage.

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So, the option really comes down to whether you think your relationship is salvageable or not in the long run. If there’s a glimmer of hope, legal separation can give you breathing space to figure things out. But if the love is gone, and you’re sure it’s over, then a divorce might be the way to go. It’s like closing a chapter. Be absolutely certain about this because divorce is final.

Money Matters

Money talks, and it’s a big part of the decision-making process. When you’re legally separated, you’re still financially connected to your spouse in some ways because you’re technically married. That can affect things like Social Security or health insurance benefits. Divorce generally cuts these financial ties, allowing both of you to go your separate money ways.

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Healthcare Coverage

Speaking of health insurance, if you’re on your spouse’s plan, legal separation might keep that coverage intact. Some employers still cover legally separated spouses. However, most don’t cover ex-spouses. So, before you decide, check out your healthcare options.

What Your Community Thinks

Sometimes, it’s not just about you two; it’s about your community or religious beliefs. Legal separation keeps your marital status alive in the eyes of your community or religious group while you live separately. If preserving that status matters to you, legal separation might be the way to go. But talk to your community or religious leaders to get their take on separation and divorce.

Get Legal Advice

No matter what, it’s super important to talk to a lawyer. They’re like your guides through this tangled forest. Talking to a family law attorneys can help you understand the details without the fancy jargon. They’ll listen to your story and guide you through the maze, whether it’s legal separation or divorce.

The Kids

If you have kids, their well-being should be top priority. Both legal separation and divorce deal with child custody, visitation rights, and child support, but they handle it differently. Legal separation offers a more flexible approach, letting you test the waters before deciding. Divorce means a more permanent change for your family. So, consider what’s best for your children.

Splitting Stuff

How you divide your property and assets varies between legal separation and divorce. Legal separation lets you make temporary agreements, giving you time to decide if you’re staying together or parting ways. Divorce, on the other hand, finalizes the division of everything, following the law.

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Time and Money

Now, let’s talk time and money. Legal separation tends to be quicker and cheaper because it doesn’t involve all the legal hoops of a divorce. So, if you’re not sure about your marriage’s future, legal separation gives you flexibility without breaking the bank.

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