Legal Separation vs Divorce: What’s The Difference?

Kimberlee Leonard has 22 years of experience as a freelance writer. Her work has been featured on US News and World Report, Business.com and Fit Small Business. She brings practical experience as a business owner and insurance agent to her role as a.

Kimberlee Leonard Small Business Expert Writer

Kimberlee Leonard has 22 years of experience as a freelance writer. Her work has been featured on US News and World Report, Business.com and Fit Small Business. She brings practical experience as a business owner and insurance agent to her role as a.

Written By Kimberlee Leonard Small Business Expert Writer

Kimberlee Leonard has 22 years of experience as a freelance writer. Her work has been featured on US News and World Report, Business.com and Fit Small Business. She brings practical experience as a business owner and insurance agent to her role as a.

Kimberlee Leonard Small Business Expert Writer

Kimberlee Leonard has 22 years of experience as a freelance writer. Her work has been featured on US News and World Report, Business.com and Fit Small Business. She brings practical experience as a business owner and insurance agent to her role as a.

Small Business Expert Writer Mike Cetera Editor in Chief, Forbes Marketplace U.S.

Mike Cetera is the editor in chief for Forbes Marketplace U.S. Mike has written and edited articles about mortgages, savings accounts, CD rates and credit cards for more than a decade. Prior to joining Marketplace, his work appeared on Bankrate, The.

Mike Cetera Editor in Chief, Forbes Marketplace U.S.

Mike Cetera is the editor in chief for Forbes Marketplace U.S. Mike has written and edited articles about mortgages, savings accounts, CD rates and credit cards for more than a decade. Prior to joining Marketplace, his work appeared on Bankrate, The.

Mike Cetera Editor in Chief, Forbes Marketplace U.S.

Mike Cetera is the editor in chief for Forbes Marketplace U.S. Mike has written and edited articles about mortgages, savings accounts, CD rates and credit cards for more than a decade. Prior to joining Marketplace, his work appeared on Bankrate, The.

Mike Cetera Editor in Chief, Forbes Marketplace U.S.

Mike Cetera is the editor in chief for Forbes Marketplace U.S. Mike has written and edited articles about mortgages, savings accounts, CD rates and credit cards for more than a decade. Prior to joining Marketplace, his work appeared on Bankrate, The.

| Editor in Chief, Forbes Marketplace U.S.

Updated: Aug 23, 2022, 11:33am

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Legal Separation vs Divorce: What’s The Difference?

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Table of Contents

When you start experiencing problems in a marriage, you may want to leave your spouse. But should you file for a legal separation or a divorce? This is a tricky question, as both can dramatically affect your life. Here’s everything you need to know about the differences between legal separation and divorce.

What Is Separation?

A separation represents time away from your marriage. It is when both spouses decide that they want to explore living apart from each other as they attempt a reconciliation of problems or choose to officially divorce.

Most people physically separate, meaning they each have a different physical residential address. However, living apart doesn’t always mean that you live in different residences; a separation may have a couple remain in the same household for financial or custody reasons. In this case, the couple chooses to live as roommates instead of as a married couple.

Separations can be informal or formal. An informal separation doesn’t involve the courts; the couple chooses to live apart while working on divorce proceedings. A formal separation, also called a legal separation, is approved by the courts and can have an effect on marital property and taxes.

While separated you remain legally married and are not allowed to remarry. You must get a divorce to be eligible to remarry.

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Small Business Expert Writer

Kimberlee Leonard has 22 years of experience as a freelance writer. Her work has been featured on US News and World Report, Business.com and Fit Small Business. She brings practical experience as a business owner and insurance agent to her role as a small business writer.

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