Legal Separation Vs Divorce
The biggest difference between a legal separation and a divorce is that separation allows spouses to retain their marital status; therefore, they cannot remarry someone else until they get divorced. Here are a few other differences between a legal separation and a divorce.
Health Care and other benefits – After a divorce, spouses’ healthcare and other benefits such as social security benefits are terminated with immediate effect, but legal separation allows the couple to retain these benefits.
Decision Making – Divorced couples are not considered next of kin, thus do not have the right to make financial or medical decisions on behalf of each other, but if they opt for a legal separation instead, they are still regarded as next of kin, consequently allowed to make such decisions for each other.
Property Rights – Divorce extinguishes each spouse’s legal right to property benefits in case of death of the other spouse, but legal separation keeps these rights preserved.
Liabilities and Obligations – During a divorce, all the assets and liabilities are divided between spouses by the court per the applicable laws in their state. Conversely, spouses remain responsible for each other’s debts and obligations in case of legal separation.
Remarriage – Once spouses get divorced, the verdict cannot be undone, and they have to remarry if they are seeking legal separation.
