What is the difference between legally separated and separated

List of Partners vendors. Unlike divorce, a legal separation does not put an end to the marriage , it enables you to live separately while remaining married. During the time you are living apart, you have a court order that outlines the rights and responsibilities of each spouse. Legal separation is an arrangement by which a couple remain married but live apart, following a court order. Your legal separation agreement will cover all issues that would be covered in a final decree of divorce.

If you have children how much child support you receive or pay will be documented. Custody will also be documented according to the agreement the spouses come up with together.

You remain legally married while choosing to live separate lives. Issues that can be addressed in a separation agreement are the division of marital assets and debts, child custody and child support, visitation schedules, and spousal support. The same issues addressed during the divorce process are also addressed in a separation agreement.

A separation agreement can protect your interests until the decision is made to file for divorce. Don't get lazy about the separation agreement, as it can also set a precedence for the divorce that may follow. Social Security Administration. Your Privacy Rights. To change or withdraw your consent choices for Investopedia. At any time, you can update your settings through the "EU Privacy" link at the bottom of any page. These choices will be signaled globally to our partners and will not affect browsing data.

We and our partners process data to: Actively scan device characteristics for identification. I Accept Show Purposes. Your Money. Personal Finance. Your Practice. Popular Courses. Part Of. How the Process Works. Dividing the Property. Divorce and Your Children. Divorce and Retirement. Post-Divorce Finances.

Legal Terminology A-E. Legal Terminology F-Z. Table of Contents Expand. What Is a Legal Separation? How a Legal Separation Works. Special Considerations. Other Types of Separation. Separation vs. Divorce vs. Example of Legal Separation. Which States Allow Legal Separation? Legal Separation vs. Divorce by Brette Sember, J. Divorce Legal Separation vs. Divorce When choosing legal separation or divorce you should understand how they compare and how they would impact your life. Understanding Separation vs.

Divorce Divorce and legal separation have similar effects in many ways. Separation to Get a Divorce In some states, a separation is required before you can get a divorce under certain grounds. How Do I Get a Separation? About the Author Brette Sember, J. Related Topics. Facebook Twitter. This portion of the site is for informational purposes only.

The content is not legal advice. The statements and opinions are the expression of the author, not LegalZoom, and have not been evaluated by LegalZoom for accuracy, completeness, or changes in the law. You may also like. Divorce How to Get a Divorce With No Money If you are in a difficult financial situation, it's possible to get a divorce without paying a dime. Divorce How to Get a Quick Divorce By filing a no-fault, uncontested divorce with an agreement an attorney has reviewed, you can get a quick divorce.

Divorce Considering Divorce? Women: Who Does Better in a Divorce? Divorce How to Get an Uncontested Divorce If you and your spouse agree on the terms of a divorce, then you may be able to get an uncontested divorce. Several states require married couples to live apart for a certain amount of time before they can divorce. In most states, the required separation period applies to only certain types of divorces. For example, many states require separation only for couples seeking divorce on a fault-based ground.

Most states that allow only no-fault divorces don't have a required separation period. You can read about "separate and apart" requirements, including as they relate to moving out. When you're certain that your marriage is over, and you know that you want to divorce, separating might still be a good idea. When you separate before divorce, you and your spouse have a chance to resolve some issues—and you can use any agreement you've reached to streamline your divorce.

If you're able to agree on all the issues in your divorce, you might even be able to file an uncontested divorce , which can save you money, time, and effort.

If you file for divorce without an agreement in place, your divorce might take a while to complete. It can take months to resolve issues like custody, support, and property division even on a temporary basis. Some contested divorces can take a year or more to get to trial. And the longer your divorce takes, the higher your legal bill will be if you've hired an attorney.

Additionally, drawn-out contested divorces usually take a major emotional toll on everyone involved, including children. Deciding to divorce right away doesn't mean you can't resolve your differences before a divorce trial, though. If you think that you might be able to negotiate an agreement with your spouse, divorce mediation might be a good idea.

Divorce mediation is successful for a lot of couples , and it allows couples to resolve their divorce on their terms. In fact, many states require couples to participate in mediation before the court will set a trial date.

In most states, yes: You and your spouse may remain legally separated forever, as long as you agree. In some states, courts will put an end date on a legal separation.

On or before this deadline, you and your spouse must decide whether to reconcile, ask the court to extend the legal separation, or file for divorce. However, because legal separation doesn't dissolve a marriage, neither spouse can remarry in the future unless you have a final divorce decree. Legal separation will end if either spouse files for divorce.

The point of a legal separation varies depending on the couple. For example, if the couple practices a religion that prohibits divorce, a legal separation might be the only way for the spouses to remain in the religion while living independently. In many cases, a legal separation allows couples to see what it would be like if they filed for divorce—for instance, they'll experience co-parenting under a custody order and what it means to live on one income or spousal support. It depends. If you're living in the same household while you're in a trial or permanent separation, the court might not award child or spousal support.

However, when you file for a legal separation, the court will calculate child support and alimony, if appropriate. Once a court has issued a support order as part of a legal separation, you must follow its terms or you could face legal consequences. Legal separation permits each spouse to move on, independently, from their marriage, without going through the formal divorce process.

Legally separated couples can often continue providing each other health care, Social Security benefits , and tax benefits.