Difference Between Legal Separation and Divorce in California
Spouses often debate whether to separate or divorce. Here’s what you need to know about legal separation vs. divorce in California.
While a divorce ends a marriage, a legal separation determines the rights and responsibilities of spouses that want to live separately but stay married. In California, legally separated couples keep the vast financial and legal benefits of staying married.
What is a legal separation?
A legal separation determines the rights and responsibilities of spouses that want to remain married but live apart. The separation document simply states each spouse’s legal rights and responsibilities now that they don’t live together.
Spouses must find legal grounds for separation; most spouses state “irreconcilable differences” as grounds for separation. Similarly to in a divorce, spouses must agree to terms of child custody, child/spousal support, and property rights in a legal separation. If spouses cannot agree to these terms of legal separation, then they must dissolve their marriage or remain married.
What is divorce?
A divorce is a legal process of ending a marriage. In a divorce, spouses must resolve terms of child custody, child support, spousal support, and property rights. Spouses often choose divorce as a way to dissolve their marriage.
Why would someone get a legal separation instead of a divorce?
Legal separation is often used as a stepping-stone to divorce. However, some spouses get a legal separation to just “take a break” with the goal of ultimately repairing their marriage. Being married also offers spouses financial benefits, like tax breaks. Some spouses may choose to get a legal separation but move on with their personal lives as if they got a divorce. Spouses that choose not to live together but find reasons not to end their marriage find legal separation to be a great alternative to divorce. If you need help filing for legal separation in California, click here.
Why would someone get a divorce instead of a legal separation?
If spouses cannot agree to terms of legal separation, then they’ll need to get a divorce. Spouses that know that they want to completely end their marriage choose to get a divorce. Divorce may be a spouse’s better option if they’re seeking to remarry or know that reconciliation is not an option. If you need help starting your divorce in California, click here.
Benefits of Legal Separation vs. Divorce in California
Divorce may offer spouses a clean slate to begin building their financial, legal, and personal lives on. However, spouses that are not yet ready to end their marriage can be legally separated and keep the vast financial benefits of marriage.
Spouses that no longer live together may choose legal separation for the many benefits that remaining married offers, including:
- Federal tax breaks
- Health Insurance
- Possibility of reconciliation
- Religious convictions
- Financial benefits
- Saving potential costs of divorce
- Time to consider a divorce agreement
Ultimately, the benefits of a legal separation vs. divorce depend on your unique situation. If both spouses are miserable staying married and don’t think the financial benefits of legal separation are worth it, then a divorce may be the right option. On the other hand, spouses that don’t want to live together but are not yet ready for divorce may find a legal separation to be best for them. Speak with a lawyer and take the time to consider whether a divorce or legal separation is right for you.
FAQs About Divorce vs. Legal Separation in California
How many years do you have to be separated to be legally divorced in California?
In California, spouses are not required to be separated before getting a divorce. However, California does have a six month waiting period for all divorces.
Are you legally separated once you file for divorce in California?
When filing for divorce in California, spouses must determine a date of separation. This date signifies the “break” of the marital relationship and will determine when the couple is legally separated during the divorce.
Free Consultation With a Family Law Attorney in California
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