What Is the Difference Between Legal Separation & Divorce?

You’ve probably heard the term “legal separation” and wondered what it means and how it differs from divorce. Before going any further, it’s important to note that Florida doesn’t recognize legal separations. The majority of states do, however, and some states even require that couples separate for a set period of time before they can obtain a divorce.

In states that recognize legal separations, if a couple wants to live apart but remain married, they can create a legally binding agreement that determines issues like child custody and visitation, maintenance, and the division of assets and debts. This agreement protects the spouses’ rights while they’re separated. The judge in a divorce case will decide similar issues. As such, the main difference between legal separation and divorce is that a separated couple remains married, and a divorced couple does not.

Why Would a Couple Opt for a Legal Separation Instead of a Divorce?

There are various reasons why spouses would want to live separate lives without actually getting a divorce. In many cases, it comes down to money. Being married provides a number of financial advantages, such as health insurance coverage, tax benefits, social security and military benefits, and inheritance rights. If a couple legally separates, the spouses will still be entitled to these benefits—if they divorce, they will not.

A couple may also opt for a legal separation rather than a divorce for religious or personal reasons. Perhaps the spouses no longer want to spend their time together, but their religion forbids divorce. Or maybe they want to try out living apart before going through with a full divorce, and they want the protection of a legal separation agreement in the meantime.

The Divorce Attorneys to Choose in the Tampa Bay Area

If you’re in the Tampa Bay area and you’re contemplating whether to move forward with a divorce, you can turn to the Law Offices of Audrey A. Jefferis, P.A., for assistance. As noted above, Florida doesn’t recognize legal separations. However, there are ways to obtain similar types of relief without having to file for divorce, and we can provide you with advice on the next steps to take. Contact us today to schedule a consultation.