Like many issues facing you when you are 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 key 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 other key issues that require a lot of time and money to resolve. Just as with a divorce, the alternative approaches to litigation — mediation and collaborative law — are available to you and your spouse for a separation. If the two of you cannot agree on something important, the default is litigation, just as with divorcing couples. Read: Key Differences Between Connecticut Legal Separation and Divorce
Impact of Legal Separation vs Divorce
In Connecticut, a court’s decree of separation serves the same essential legal function as a divorce order. The biggest difference between separation and divorce is that in a separation, a couple remains married. In other words, neither spouse can remarry without divorcing first.
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. That said, 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:
- 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 are interested in learning 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 the ins and outs of your situation 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.
Our first step, the Goals & Planning Conference is designed 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.