Let’s talk about legal separation vs. divorce. Like many issues facing you when considering a divorce, the differences between separation and divorce in Connecticut can be confusing. This is made even more complicated by the fact that not all separation is legal separation.
Read on to understand the critical differences in legal separation vs. divorce.
Issues Covered in Legal Separation vs. Divorce
Both legal separations and divorces address the division of marital debts and assets, custody and child support arrangements for minor children, and vital key issues that require a lot of time and money to resolve. Just as with a divorce alternative approaches to litigation — mediation and collaborative law — are available to you and your spouse for a separation. If you cannot agree on something important, the default is litigation, just as with divorcing couples.
Impact of Legal Separation vs. Divorce
In Connecticut, a court’s separation decree serves the same essential legal function as a divorce order. The most significant difference between separation and divorce is the couple remains married in a separation. In other words, neither spouse can remarry without divorcing. Legal separation was more popular back when it was somewhat common for advantageous employer health insurance benefits to be offered to a spouse despite the separation. Because legal separation does not end a marriage, you or your spouse may remain eligible for other employer-based marriage benefits (like pension benefits).
When you analyze our options regarding Connecticut divorce vs separation, consider the following:
- You can “undo” legal separation, making it a more flexible option.
- Divorce is a “clearer” decision, leaving the spouses better able to move forward.
- Your religion may prohibit divorce but allow separation.
- Your financial situation may make one of the options more beneficial from a tax perspective
To learn more about the differences between separation and divorce in Connecticut, please check out this video with our Founding Attorney Meghan Freed. Or, if you want to learn more about the difference between legal annulment and divorce in Connecticut, we have a guide for that, too!
Which approach is best for you depends on your situation’s ins and outs and your goals. At Freed Marcroft, we help you understand the differences between separation and divorce. This sets you up to choose the right process for you.
We designed our first step, the Goals & Planning Conference, to get to the heart of your problem and unveil your true goals for your life. Once we discover your goals, we build a divorce, separation, or annulment customized for you.