Deciding to start divorce proceedings is not an easy decision. You’ve spent a good part of your life investing yourself emotionally with your spouse. If you aren’t sure whether divorce is the answer, you may want to try a legal separation. It’s important to understand the differences between a divorce and a legal separation and what the pros and cons are of each.
Understanding legal separation vs. divorce
Disadvantages of a legal separation
While there are a lot of positives to consider when choosing a legal separation over a divorce, there are some negative aspects to consider as well. Couples shouldn’t just enter into a separation because it sounds like the first step to a divorce.
Allanah Boyd, mom of three, told Mom.com that separation, “Seemed like the proper thing to do for the kids, but the reality is we quickly decided in the court process to change our filing to dissolution–not separation.”
Some of the negatives of a legal separation include:
- There are costs to consider in getting a legal separation that are comparable to a divorce. You will need to come to an agreement or try it in court to get the court order. This can get expensive.
- May become emotionally taxing and leave people in limbo not sure if they are trying to work it out or just biding time to end it.
- Not all insurance policies extend coverage to a separated spouse. This means that if you are doing it for a practical purpose, you may be thwarted in your efforts.
- Joint accounts may become susceptible to one spouse using more than agreed upon. There is no control over joint bank or investment accounts and that could lead to money disappearing as one spouse decides to plan the final divorce.
- Some state restrictions prevent anyone who is legally separated from entering into a new relationship. This could make testing the waters of a divorce hard when people can’t realistically move on with a new relationship.
As hard as it may be, the reality is that if your marriage is truly over, it may be easier to rip the Band-Aid off and start divorce proceedings. The process is the same and you won’t have to deal with some of the negative aspects of a legal separation.
To hear experienced insight from divorce attorney Jonna Spilbor on how to choose between legal separation and divorce, check out this episode of Divorce Tips:
