Divorce vs. Legal Separation

What’s the Difference?

After a divorce, spouses end their marriage legally and the individuals are no longer considered spouses under the law. However, if a couple undergoes a legal separation, they remain legally married. Couples that choose to stay married but no longer want to live together can receive a legal separation in a court order that divides the rights and assets of the couple. Even though most couples tend to choose divorce over a separation, couples that want to handle their personal and financial differences without ending their union find that a separation is the more favorable option.

Reasons to Choose a Separation over a Divorce

There are numerous reasons why a couple would choose a separation, whether temporary or permanent, over a divorce, including:

  • Opposition to divorce due to moral or religious reasons
  • One spouse wants to remain eligible for the other’s insurance or health care
  • One spouse will soon become eligible for the other’s government benefits, like Social Security
  • The tax benefits of remaining married are too important
  • There is the desire to save the relationship after some time is spent apart
  • The couple finds negotiating the terms of a separation less stressful than those of a divorce

No matter whether a couple chooses to pursue a legal separation or a divorce, it is important to reflect on what is the best option for you and your family. Just because most couples tend to choose divorce, it doesn’t mean that it is the best option for your circumstance. Learn more about each process and speak with an experienced Austin divorce attorney for more information.

Want to Get Started? Contact Our Family Law Firm Today

At Friday Milner Lambert Turner, PLLC, our team has over 175 years of combined experience. Each one of our Austin divorce lawyers is dedicated to our clients and aggressively pursues their best interests. If you are ready to start the next chapter of your life, put your family and your future in our capable hands.

Schedule a case consultation today or call (512) 420-0555 and have your questions answered.


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