If you are currently married but are not happy and wish to end the relationship, there are a few different options. Two of the most common options are legal separation and divorce. Divorce is well-known and very common, ending in the dissolution of the marriage. It also allows a couple to separate and divide up property and assets. Child custody and maintenance may also be worked out in a divorce.
Legal separation is not as well-known. If a couple legally separates, they do not dissolve the marriage, but instead will have a separation agreement. Many of the same issues are addressed, such as child visitation, custody, alimony, or maintenance. However, it does not divide up properties and assets unless both people agree to it ahead of time. Neither spouse is allowed to remarry because the marriage has never been formally dissolved. There are differences in how finances are handled in each option so it is important to evaluate all your options before making a firm decision.
What Is Better About Legal Separation?
Not all marriages will benefit more from legal separation. However, if you wish to take advantage of any of the benefits below, it may be beneficial to legally separate instead of divorce: