How Is Legal Separation Different from Divorce?

 Posted on May 12, 2025 in Family Law

 When a relationship stops working, a married couple has several avenues they can take. In many cases, divorce is a sensible choice if there are irreconcilable differences between the spouses. However, if this seems like a bridge that is too far to cross, you could consider legal separation instead. While the core concept is similar to divorce, legal separation may be a less dramatic measure.

If you are considering divorce or legal separation, an Illinois family law attorney can advise you of your options. At Roberts PC, your comfort is our priority. We will do everything we can to save you money during your case while we pursue an ideal outcome on your behalf.

You Do Not Have to Remarry in Legal Separation

One of the reasons legal separation is considered less final than divorce is that you are still technically considered married to your spouse while allowing you to live separate lives. This means that if you and your spouse eventually mend fences, you do not have to go through the tedious process of getting remarried.

Of course, this also comes with the exact downsides you might expect. While you are legally separated, you cannot marry anyone else. At the risk of committing bigamy, you will have to go through the process of divorce before you can get engaged again. As such, legal separation might be appropriate if you think there is hope for you and your spouse to reconcile, or if you are not concerned about being able to marry again.

Legal Separation Is Less Formal

In general, legal separation comes with fewer duties and obligations than divorce. Unlike divorce, you are not required to come to an agreement on the division of marital property. This means you could still be responsible for certain marital debts. Furthermore, the court is more limited in its ability to award alimony or child support in legal separation. A spouse may only be entitled to temporary financial support in a legal separation.

Many couples treat legal separation as a "trial run" for divorce. Although it is more informal, the terms you negotiate in a separation agreement could later serve as the framework for your divorce.

You Can Retain Benefits With Legal Separation

Since you are not legally divorced in legal separation, you may be able to reap certain benefits while legally separated. For instance, you might still be able to claim benefits from your spouse’s employer. You may be able to remain on your spouse’s insurance policy, and vice versa. This can give you a cushion of safety if you are not quite ready to sever all ties with your husband or wife.

Meet With a Wheaton, IL Legal Separation Lawyer Today

If you are torn between legal separation or divorce, Roberts PC can provide you with legal guidance to navigate this challenging decision. Our Downers Grove, IL family law attorneys are here to look out for your best interests, no matter which route you take. Call our offices at 630-668-4211 to schedule a free consultation.