In a Legal Separation all of the issues that are addressed in a divorce including child custody decisions, child support, spousal support, and division of their property are included in the orders issued by the court. The primary and most important difference is that after a Divorce the spouses are no longer legally married to one another. Each is free to remarry and to own property as an unmarried person. A person’s unmarried legal status may also have an effect on income tax, inheritance issues, and other aspects of their life.
At the conclusion of a Legal Separation both spouses continue to be legally married to one another, and they are not free to remarry. Sometimes parties wish to maintain their married status to be able to maintain health insurance benefits for both, for religious or for other personal reasons.
Before deciding on whether a Legal Separation is something you may want to consider, it is important to consult with an experienced family law attorney.