Legal Separation vs. Divorce: What's the Difference?
A legal separation is a court order that sets out how a married couple will live apart, covering custody, support, property and debts, while they stay legally married. A divorce ends the marriage. The two can look similar on paper, but the difference matters.
What a legal separation covers
A separation order or agreement can settle most of the same issues a divorce does:
- Child custody and parenting time.
- Child support and spousal support.
- Who lives in the home and who pays which bills.
- How property and debts are divided, at least for now.
Why couples choose separation
- Religious or personal reasons for not divorcing.
- Health insurance. Some employer plans let a legally separated spouse stay covered when a divorced spouse could not. Check the plan's rules.
- Benefits that depend on marriage length, such as some Social Security and pension benefits.
- Time to decide without fully ending the marriage.
What separation does not do
You are still married, so you cannot remarry. Depending on your state, finances may stay more intertwined than after a divorce, and some decisions, like taxes, can still be affected by your marital status.
Not every state offers it
Most states have a formal legal separation, but a few do not, and in some the terms are different (such as "separate maintenance" or "divorce from bed and board"). Simply living apart without a court order is not the same as legal separation.
Converting to divorce
In many states, a legal separation can later be turned into a divorce, sometimes using the same agreement. Some states require a period of separation before certain divorces.
See how to file for divorce and contested vs. uncontested divorce.
Find a family law attorney near you.
This guide is general information, not legal advice. Separation and divorce rules vary by state.