Do You Need a Divorce or Legal Separation? Right Lawyers Explains.

How do you decide what is better for you, divorce or legal separation?

Legal separation is when the court divides your assets and debts. You also determine custody. However, your marriage remains intact in the eyes of the law. Your relationship status is kind of in the middle. You are still married, but not quite in the same way you were before.

Other than that, legal separation is the same as a divorce. Plus you cannot remarry.

There are only a few sensible reasons why someone might choose legal separation over a divorce. The main reason is to keep a spouse’s health insurance. When you legally separate, you can keep your spouse’s healthcare. If you divorce, you cannot.

A legal separation isn’t any less expensive than a divorce. Sometimes it can even cost more if you want to remarry later on. In that case, you would have to return to the courts to file a divorce before you can marry again.

Many people who want a legal separation are actually talking about divorce without saying the word “divorce.”

If you aren’t sure what is best for you, talk to your divorce lawyer about it. They can help you evaluate the pros and cons to decide whether or not a legal separation is right for you.


This is a question divorce attorneys get everyday. Attorney Stacy Rocheleau discusses the difference between a legal separation and a divorce.