Divorce vs. Legal Separation. What’s the difference and what is right for you?

Your marriage isn’t working out.  You and your spouse are fighting, you have grown apart, you may even be sleeping in separate rooms, or even separate homes. So now what? For many people their initial reaction is “let’s get a divorce”; and while in some cases that may be the best solution, it is not your only option.

Besides a divorce couples may consider a legal separation. However, while it sounds simple, there is still a legal process involved. Your decision to pursue a legal separation still involves resolving issues of custody, support and division of assets – all the things that you would encounter if you divorced – the difference is a divorce actually ends your marriage.

So why opt for one over the other? A legal separation is reversible, a divorce is not.  So, for couples who aren’t definitely sure that they want to end their marriage, a legal separation may be a viable option, for both personal and financial reasons.  Some of the key reasons couples choose a legal separation over divorce:

  • You aren’t 100% sure you want a divorce
  • You may still be able to keep health insurance coverage through your spouse, which is something that typically cannot be done after a divorce
  • You can still file joint taxes which may have some financial benefits for your family

Whether you decide to divorce or legally separate, there are still many issues to be addressed and resolved.  It is always best to consult with an attorney before taking any major legal steps in your marriage.  We can help you figure out which path is best for you and your family.

Rubin & Rosenblum, PLLC
445 Broad Hollow Road, Suite 208
Melville, New York 11747

Telephone: (631) 462-5888

Email: drubin@rrmatlaw.com