Legal Insurance
Marriages can take turns that push couples to consider alternative options for their future, like a trial separation or completely ending the marriage. Facing the follow-up decision to legally separate versus divorce is also not an easy decision. But learning about the differences between these choices can help guide couples through this difficult process. Let’s start by looking at each option.
A legal separation is when a married couple decides to live separately but remains legally married. A divorce, however, is the legal dissolution of marriage — meaning the court terminates the marriage’s legal bond, determines child custody and support, and divides assets and liabilities. Separations can also involve the court establishing agreements like custody.
Explore this guide to understand the critical differences between separation and divorce.
A legal separation is when a married couple formally separates without filing for divorce. Unlike divorce, the couple remains legally married and can either reconcile or move forward with a divorce in the future.
The couple still goes to court to establish legally binding agreements around property division, child custody and support, and other relevant items they want to divide during the separation. These, and other important matters, are outlined in their separation agreement.
A separation agreement is a legal contract between spouses. It outlines the terms and responsibilities of their separation, much like what you would see in a divorce decree. Separation agreements typically cover.1
Before choosing between legal separation or filing for divorce, there are a few key differences to consider.
When deciding between legal separation versus divorce, there are a few reasons why a couple may opt for one over the other.
Those who don’t feel ready to terminate the marriage — or their beliefs prevent them from obtaining a divorce — may file for a legal separation instead.2 Also, some states require couples to live separately for a period of time before filing for a no-fault divorce.
Another reason couples may choose legal separation over divorce is to maintain insurance or financial benefits, like filing taxes together. Some insurance providers may have specific policies for separated individuals, so check with your provider first.
Often, couples will use a separation period to help them come to an agreement and prepare to file for an uncontested divorce. This can save them time in court, since both parties have already agreed.
Before making your decision, it may be helpful to consult with a lawyer.
This article is intended to provide general information about insurance. It does not describe any Metropolitan Life Insurance company product or feature.
1 “Separation Agreements” New York City Bar Legal Service Referral
2 “Legal Separation vs. Divorce” Dartmouth