>Aubrey Lambert Question By: Aubrey Lambert  Posted in: Lawyers & Law Firms

What is the difference between legal separation and divorce?

There are key differences between separation and divorce. The most basic and obvious distinction is that you remain married during a legal separation, and in a divorce, your marriage is dissolved. Other differences include:

  1. Legal separation allows for the retention of health care and other benefits, including certain social security benefits that terminate with a divorce.
  2. Legal separation allows you to retain your marital status, meaning that you're not free to marry another; once you're divorced, you can remarry.
  3. Spouses are still considered next of kin and can still make medical or financial decisions for the other; divorced spouses aren't considered next of kin.
  4. Spouses may still be responsible for the debt of the other in a legal separation, unlike a divorce where the debts are handled during the dissolution process.
  5. Legal separation preserves each spouse's legal rights to property benefits upon the death of the other, but a divorce extinguishes these rights.

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Ella MorrisAnswer By: Ella Morris