Should You Get a Separation or a Divorce?

Is your marriage not working out? Is it heading towards divorce? If so, you may be looking at what your options are and if you should get a legal separation or a divorce. While there are many advantages to a legal separation or divorce, one may not be the right idea for you. Here is what you need to know about both of these ways to separate from your spouse.

Legal Separation

One of the reasons that couples seek out a legal separation is because of the tax benefits that it can provide. Both people will still be identified as being married under the law, and get all of the benefits that come from that. This can help each person pay less in their income taxes, allow both people to receive any child credits, along with other things of that nature.

There are also benefits from your employer in terms of health insurance benefits. A legally separated couple is still eligible to receive family benefits for health insurance. This can help save money since a divorced couple will not be eligible for another person's insurance plan.

The downside of legal separation is that both people are living on their own and are not going through the daily interactions that they normally have with their spouse. It can make them feel more at ease about the situation with there no longer being urgency to do something, so the couple stays legally separated indefinitely. If there was no legal separation, there may be a need to go straight to a divorce. 


Going through a divorce will officially end the marriage under the law, and you no longer receive those benefits as if you are legally married. Some people are fine with this since they plan on getting married again and want to have those benefits with another person and the family they want to start. 

However, a divorce is irreversible. While you can always choose to get married again if you get back together with your spouse, the divorce itself is final once it is approved. You would then have to go through the legal process of getting married again if you choose to do so. A legal separation can be reversed by filing a motion with the court, and things go back to the way they were. 

Need more information about divorce and legal separation? Reach out to a family law firm for their assistance.