5 Ways A Divorce Is Different From A Seperation

Nobody gets married with an end goal of getting a divorce. Everybody hopes that when they get married it lasts for a long time and if possible till forever.

Unfortunately, our wishes can not always come true. People find themselves getting separated and divorced from each other despite their initial marital vows and mindset.

This is because sometimes a marriage can become an unhappy one. As much as people love to stay married longterm, people fear unhappiness more, hence the divorce.

Two major terms that seem to confuse a lot of people in terms of a marriage ending is if a separation and a divorce are the same thing. While, they are both similar and signal an end to a marriage, one has a certain ring of permanence and finality to it.

Today we are not just talking about the normal separation most married couples say with the word of mouth, we will be  talking about a legal separation.

What is a Legal separation?

A legal separation is a court-issued order that allows spouses to live separately while still being married, i.e. without the legal finality that is said to be provided by divorce.

What is a divorce?

A divorce is much like a legal separation except that now, your marriage has a legal finality and will cease to be recognized as valid and true.

5 Major Ways A Legal Seperation Differs From A Divorce

Marital Status

The biggest difference between separation and divorce is if you opt for separation rather than for divorce, your marital status stays as married. This is because unlike in divorce, your marriage is not yet terminated.

You and your partner may live separately and may have child custody and child visitation orders issued by the court, however, the two of you are still husband and wife. This also means that you are not free to remarry if you are separated and can only do so once you are divorced

Decision Making

Spouses are next of kin, i.e. one’s closest living relative.

The difference between separation and divorce is when a couple is separated, partners still remain the next of kin for each other and carry the right to make medical or financial decisions for one another.

This means your spouse still carries the power of decision making that they feel is better for you and thus, the entire family. This is only changed when a marriage is legally dissolved through divorce.

Rights To Property

The difference between separation and divorce is that legal separation provides both the parties to retain the right to marital property but divorce doesn’t.

This means if you and your partner go for separation, each of you will have their rights preserved to property rights upon the death of the other.

However, a divorce extinguishes any such rights and the property is divided upon the couple’s current situation and their relation to the property.

Responsibilities

The couple remains legally responsible for each other in a legal separation, which means one spouse may continue to be responsible for the other’s debt or any similar liabilities.

The difference between separation and divorce is that, in divorce, all debts are handled during the process of dissolution of the marriage to free each of them of each other and allow them to live separate lives, as they will.

A Window For Reconciliation

As the couples remain married due to a separation, there is room for them to reach reconciliation.

The difference between separation and divorce is that separation may be temporary but divorce isn’t.

Living apart may allow the two of them to reflect and think about their decision as well as the possible effects of it on their family and future.

Reconciliation is way easier when you are separated and there is also a high chance for couples to eventually put their differences aside and start fresh until and unless they simply can no longer stand each other.

Divorce, however, does not allow any room for reunification and the couples need to remarry if they wish to receive all of their marriag