As any divorce attorney will tell you, both a divorce and a legal separation are ways to ensure the rights of both spouses are protected once the marriage has broken down. However, the similarities between these two arrangements end there, as each one makes specific provisions for different situations. Here are a few of the key differences between a legal separation and divorce.

Legal Separation

A legal separation is ideal for couples who are not certain that divorce is the next logical step. They might need time living apart to gain some distance and perspective before deciding whether divorce is right for them. A legal separation does not end the marriage in any way. Spouses retain their marital status, health care benefits, inheritance rights, and debt responsibilities when legally separated. For most couples, it’s a temporary arrangement, although there is no time limit on how long they can be legally separated. If reunification occurs, a separation is easily undone compared to a divorce, which is final.

Divorce

Divorce is a complete legal dissolution of the marriage. Divorced spouses have no legal claim on the other, meaning they are now single in the eyes of the law, and they cannot benefit from the marriage via health care, inheritances, or property rights. In a divorce, assets and property are distributed between the spouses. Factors like temporary child custody and support may be issued in a legal separation, but divorce attorneys will amend and make these plans permanent in a divorce. There is no way to nullify a divorce once it has been finalized, so it should only be considered the solution when both parties are certain the relationship is over.

Whether a couple chooses divorce or legal separation largely depends on the nature of their relationship, as well as each spouse's respective future plans and goals. To help you better navigate the legal side of these issues, trust the divorce attorneys at Hensley Law Office. They have more than 20 years of combined experience representing the Greenup County, KY, region in family law matters, personal injury lawsuits, and workers' compensation claims. Call (606) 836-3117 or visit their website to schedule an appointment with a divorce attorney today.