Divorce or Legal Separation?


Legal separation and divorce are distinctly different, though some may erroneously use the terms interchangeably. One of the primary differences between the two is that if you legally separate from your spouse, you cannot remarry. Although it is generally recommended that spouses get a divorce rather than legally separate, there are a few situations in which spouses may wish to opt for a legal separation, which we will review in this blog. 

Why Do Spouses Choose to Legally Separate?  

If your marriage is no longer working, you and your spouse would do well to choose divorce over a legal separation. Keep in mind, when you legally separate, you must address all the same key issues you would throughout the divorce process, despite the fact that you will technically remain married. At this point, you might be wondering why some spouses choose to legally separate instead of divorce. 

Here are some of the circumstances in which a legal separation may be more suitable: 

  • Religious reasons: In some cases, a couple’s religious morals do not permit divorce. To stay aligned with their beliefs, a couple may choose to legally separate instead, allowing them to lead separate lives while remaining married. 

  • Health care reasons: If one spouse receives health care benefits under the other’s plan, they may choose to get legally separated instead of getting a divorce to avoid the termination of these important benefits. 

  • Social security benefits: If you wish to receive certain social security benefits, you must remain married to your spouse for 10 or more years. If you are not too far off from this mark, a legal separation might be best to ensure you do not miss out on these benefits. 

As you can see, there are a few unique reasons as to why spouses might choose to legally separate instead of divorce. However, if you are certain your marriage must come to an end and none of the aforementioned reasons are holding you back, a divorce is likely your best option. If you are unsure about the best course of action for your circumstances, discuss the details of your case with a knowledgeable divorce attorney before you proceed. 

Schedule a Consultation with a Member of Our Divorce Team Today! 

If your marriage has come to an end and you are considering a legal separation or a divorce, it is crucial to understand the impact either of these choices may have on your life to ensure you choose the best one for your situation. At Kraft Miles, A Law Corporation, our divorce team will review your options with you and help you navigate the process, so you can begin the next chapter of your life with ease. We understand how difficult this process can be and will provide the support and advice you need to get through it. 

Reach out to our law office today at (818) 462-5076 to set up an initial consultation with a member of our legal team. 

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