What Is a Legal Separation?

The end of a marriage is a difficult thing for anyone. But not every couple follows the same process. 

When a married couple chooses to stop seeing each other, they have various ways of effectively putting an end to their partnership. In addition to divorce and annulment, a couple can also opt for a legal separation, depending on their individual preferences. 

Read on to learn more about how legal separation works—and don’t hesitate to reach out to an experienced family lawyer for help. 

How Legal Separation Works

One of the most common alternatives to a divorce are legal separations. 

Legal separations allow the two parties in a marriage to delineate some formerly common ground. By creating boundaries around entities that used to be shared, such as financial assets, living arrangements, and custody of children, legal separation allows couples to explore their own independence without fully committing themselves to a divorce. 

Some of the most important considerations for legal separation include:

• They Are Court Ordered – Because a judge orders the terms and conditions of a legal separation, both parties must abide by them. 
• Separation Is More than Just Physical – Legal separation almost always involves physical separation, but it also means winding down or placing limits on the use of a shared bank account or other assets. 
• Separation Can Precede Divorce, or Replace it – Some people have their reasons for opting for a separation over a divorce, as we’ll detail below. For others, a legal separation could simply be the preamble to a divorce to come later. 

Are There Benefits to Legal Separation?

People have different reasons for requesting a legal separation. 

In certain religions, for example, getting divorced can range from being frowned upon, to simply being impossible. A legal separation allows for the distance and closure a divorce provides, without infringing on sincerely held beliefs. 

Other examples of reasons why some couples might prefer a legal separation to a divorce or annulment include:

• Family stability for children
• Health insurance benefits
• Retirement benefits
• Military spousal benefits

The process of going through a separation can be emotionally and legally complex. There are also other stages of separation, such as trial, informal, or permanent separation you might consider with your current partner before pulling the trigger on a legal separation. 

If you’re unsure about the impact of such a decision on your family, you can contact a family law specialist for an assessment. 

Contact a Family Lawyer Today

It’s your family—you want to make sure you get it right. Let a family lawyer with The Law Office of Laurence J. Brock advise you on a proper course of action for your legal separation. 

Call 909-466-7661 or fill out the form on our website to learn more.