Thursday, March 23, 2023

Legal Separation or Divorce

There are key differences between a legal separation and divorce. The main difference is that you're still married during a legal separation. But a divorce legally ends your marriage. Other differences include:

  • Health care/other benefits: Legal separation may allow for the retention of some benefits, such as health insurance and certain Social Security benefits that end with divorce.
  • Marital status: Legal separation allows you to keep your marital status. That means you're not free to marry anyone else. You can only remarry when you're divorced.
  • Decision-making: States consider a separated couple to be next of kin. Separated spouses can make medical or financial decisions for the other. Divorced spouses are no longer next of kin.
  • Debts/liabilities: Separated spouses are responsible for joint debts taken on during the marriage. But they are not responsible for new debt incurred by the other spouse. The court will divide marital debt when the couple moves on to divorce.
  • Property rights: Legal separation preserves a spouse's property rights when the other spouse dies. A divorce extinguishes these rights.
  • Remarriage/reconciliation: Reconciliation is easier with legal separation. A divorce is final.

    ust remarry if you want a legal reunificatio #legalseparation, #divorce,

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