Divorce vs. Separation
Which One Is Right for You?
What Is a Separation?
In a Separation Agreement, "living apart" simply means that the married couple has decided to live separate lives. They may live in different homes, or they may live together in the marital home. If the married couple chooses to live in the same home, often one of the spouses will move into a spare bedroom or other space in the house as opposed to continuing to share a room.
What Is a Divorce?
Couples who get divorced but who later choose to reconcile remain divorced until they remarry. They cannot reinstate their marriage after their divorce papers have been finalized in court.
Should I Get a Separation?
- They can still share the same benefits and health care plans.
- Their religious or spiritual beliefs prohibit them from divorcing, but they no longer wish to be together.
- They are able to continue filing joint tax returns.
- It can act as a trial before a couple decides to either remain married or to dissolve their legal relationship.
Should I Get a Divorce?
- They wish to end their marriage permanently.
- They no longer wish to use each other’s health care benefits.
- They no longer wish to file joint tax returns.
- They plan to marry someone else in the future.
- They already separated and now wish to divorce.
- They do not feel the need to complete a trial separation before ending their relationship.
What Are the Different Types of Separation?
In some cases, insurance providers may consider a separation to be the same as a divorce. If you wish to get a separation so that you and your spouse can continue to be on the same benefits plan, check with your insurance provider before making a decision.
What Are the Different Types of Divorce?
Other types of divorce include collaborative, mediated, and arbitration. These types of divorce generally fall into the category of "contested", but how the couples reach an agreement differs. They may have collaborative lawyers, they may involve a professional mediator, or they may hire a private judge.