Legal separation is more than just living separately. This is the process by which a couple does not ask the court to terminate their marital status and therefore remains married. However, in a legal separation, the couple does formally divide assets and debts, negotiate spousal support, and establish child custody, support, and visitation if there are children.

While pursing an “almost divorce” may initially seem illogical, there are many reasons considering a legal separation is best in some cases. There are many financial incentives to retaining marital status. Health insurance is a weighty factor to consider if one spouse wishes to continue providing it for the other, as are the potential social security benefits if the marriage has lasted longer than 10 years. The lack of residency requirements and waiting periods are still other factors that cause many to choose legal separation instead of divorce. Religious beliefs are another important consideration when making this decision as some religions forbid divorce. An additional potential advantage to legal separation is that it can give both parties more time and breathing room to separately consider reconciling the marriage.

It is important to note that both parties must consent to obtaining the legal separation and when this is the case, neither you nor your spouse are free to remarry because the marriage is still valid. However, you must know that when one party files for a legal separation and the other responds with a request for dissolution, the matter will proceed to dissolve the marriage.