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Divorce vs Legal Separation: What's the Difference?
They differ in how they affect your marital status, decision-making power, benefits, property rights, and remarriage or reconciliation options. 8 3 6 5
Video explaining divorce and legal separation✕Video explaining divorce and legal separationOrganizing and summarizing search results for youHere are some of the main differences between them:
- Marital status: Divorce legally ends your marriage, while legal separation allows you to remain married but live apart. This means that you cannot remarry unless you get divorced, but you can still benefit from some marital rights and obligations during legal separation. 8 3 6 5
- Decision-making: During divorce, you lose the right to make medical or financial decisions for your ex-spouse, unless you have a power of attorney or a court order. During legal separation, you retain this right unless you have a court order or a separation agreement that limits your authority. 8 6 5
- Benefits: Legal separation may allow you to keep some benefits that would end with divorce, such as health insurance, social security, tax advantages, military and pension benefits. However, these benefits may vary depending on your state laws, your employer's policies, and your specific circumstances. You should consult with a professional before making any decisions based on these benefits. 8 3 6 5
- Property rights: Legal separation preserves your property rights in case your spouse dies, which means that you may inherit their assets or debts. Divorce extinguishes these rights and divides your marital property according to your state laws or your agreement. 8 6 5
- Remarriage or reconciliation: Legal separation may be easier to reverse if you decide to reconcile with your spouse, as you do not need to remarry. However, legal separation may also prolong the uncertainty and emotional distress of your situation, as you are still legally bound to your spouse. Divorce provides a final closure to your marriage, but it also makes it harder to reunite if you change your mind. 8 3 6 5
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WEBFeb 6, 2023 · Learn what a legal separation is and how it differs from a divorce. Find out why some couples choose legal separation and what issues it can address.
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WEBLearn the differences between legal separation and divorce, and the advantages and disadvantages of each option. Find out how to file for legal separation, annulment, or divorce, and what to consider before making a …
WEBMay 6, 2024 · Learn how legal separation and divorce are similar and different, and why you may choose one over the other. Find out the legal requirements, benefits, and drawbacks of each option for your marital …
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