Legal Separation VS Divorce: Understanding the Differences

Legal Separation VS Divorce in TownsvilleA significant number of marriages end in divorce. It is estimated to be anywhere from 40 to 50%, but this depends heavily on demographic; younger couples are more likely to divorce, and the odds rise drastically for the third marriage onwards.

Either way, this shows that divorce is a very real possibility for modern couples. But what about legal separations? While very similar, this somewhat uncommon alternative to divorce has several key differences that make it much more suitable in some circumstances.

Legal Separation

According to Connolly Suthers, many Townsville family lawyers recommend legal separation to certain clients. The biggest difference is that the two parties involved remain married. Like in a divorce, however, they live separately and have separate finances. The court will also determine the rights and responsibilities of either party, such as:

Child custody

Spousal and child support

Asset and debt division

A Better Alternative

In other words, it can create some much needed legal boundaries between you and your spouse. So when is a legal separation the answer, rather than a full-blown divorce? For one thing, it can be a last ditch effort to save a marriage in the face of severe but fixable problems. It gives the couple space as they work through the financial and personal issues that are damaging the marriage.

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A separation is also a valid alternative even if the couple has no intention of living together again. Some have religious beliefs that forbid divorce, so a legal separation is their only recourse. Others believe that the separation would be less traumatic for the children. Lastly, getting a legal separation means that the two are still entitled to spousal benefits from Social Security and the like.

In conclusion, it's worth considering a legal separation if divorce feels too permanent of a solution to the current state of your marriage. Consult a family lawyer, and they'll explain if it's right for you.