Which is Better for Me: Separation or Divorce?

If you and your spouse are experiencing marital difficulties but aren’t sure whether to pursue a divorce or a separation, it’s a good idea to be aware of the legal distinctions between the two. To find out more about your legal rights and how they may change during a divorce or separation, get in touch with a Milwaukee divorce lawyer.

What is separation?

When a couple decides to quit cohabitating owing to marital issues or in an effort to patch things up, it is known as a legal separation. Although physical separation is the most common meaning of the word, it is not always the case. Often, for financial or parenting concerns, split spouses continue to live together. In such a case, they cohabit as roommates rather than as a married couple.

What are the types of separation?

• separate during trial
• Permanent divorce
• Legal dissolution

What are the main distinctions between a separation and a divorce?

. Relationship status

Marital status is the main distinction between a divorce and a separation. You retain your marital status even if you split up with your spouse and are prohibited from getting married again. You are no longer married, though, following a divorce.

• Benefits

Marriage has several benefits, including access to healthcare, social security benefits, pensions, and retirement. These advantages are still yours even after a separation, but not after a divorce.

• Decision making

Your next of kin is your spouse. A divorced couple no longer has this ability since they are no longer considered the next of kin, although separated couples are still permitted to make financial and legal choices for one another.

• Debts and liabilities

Even after a divorce, partners are still held legally liable for one another. You could be responsible for any debts or other obligations your spouse has. However, the court may split the couple’s joint debt following a divorce.

• Property rights

The couple would be entitled to their marital possessions throughout their separation. Even after the death of the other spouse, this property right remains in effect. However, the ownership of property is lost upon a divorce.

• Reconciliation

The ability of the couple to make amends and reunite after a separation is another significant distinction between a divorce and a separation. However, because a divorce destroys a marriage, a couple who wants to reconcile must get married again.

Do you and your partner intend to file for divorce?

If you and your spouse are experiencing marital issues, you may want to consider divorce or separation. Decide which course of action would be best for you by getting in contact with a qualified divorce lawyer immediately.