Legal Separation vs. Divorce
Daniel Gold • August 7, 2024
“What is the difference between legal separation and divorce?” Well, thank you for asking!!
Both options have differences and implications. Understanding these differences can help you make an informed decision that works for you.
What is Legal Separation?
Legal separation allows couples to live apart and make formal arrangements regarding property, finances, and child custody without ending the marriage. It's an alternative for those who may not want to divorce due to personal, religious, or financial reasons. I have always explained it as “It looks like “divorce” but isn’t.”
Here are the key points you should know:
- Marital Status : Legally separated couples remain married . They CANNOT remarry unless they obtain a divorce.
- Financial Arrangements : Legal separation includes decisions about spousal support, child support, and division of assets and debts, similar to divorce.
- Health Insurance : A key benefit (more important prior to ACA aka “Obama care”) Couples can maintain their health insurance benefits, as legal separation does not terminate marital status.
- Reconciliation Possibility : Since the marriage is not legally ended, there is a possibility for reconciliation without needing to remarry.
- Tax Benefits : Legally separated couples may still file joint tax returns, potentially benefiting from certain tax advantages.
What is Divorce?
Divorce, also known as dissolution of marriage, legally ends the marriage. This process involves dividing marital assets and debts, determining child custody arrangements, and establishing spousal and child support.
Here are the key points:
- Marital Status : Divorce legally ends the marriage, allowing both parties to remarry in the future.
- Asset and Debt Division : Marital property and debts are divided according to California's community property laws, which typically split assets and liabilities equally.
- Spousal and Child Support : Divorce proceedings determine the amount and duration of spousal and child support based on various factors, including income, standard of living, and the needs of the child.
- Finality : Divorce provides a final resolution to marital issues, legally separating the parties' lives and financial responsibilities.
“So which do I choose?” Here are some factors to consider
- Emotional Readiness : If you are not emotionally ready to end the marriage, legal separation might be a more suitable option. But note that you may have to file a separate Petition to dissolve the marriage and marry someone else in the future.
- Religious Beliefs : Some individuals choose legal separation due to religious beliefs that prohibit or discourage divorce. In my experience, this the least frequest reason that people may opt for legal separation.
- Financial Considerations : Consider how legal separation or divorce will impact your financial situation, including tax implications, health insurance, and retirement benefits.
- Future Intentions : If you plan to remarry, divorce is necessary. However, if reconciliation is a possibility, legal separation allows for that without additional legal steps.
- Children’s Welfare : Assess how each option will affect your children, including custody arrangements and emotional stability.
- Need For Immediate/Emergency Relief: Those fleeing an abusive situation, may see this as a viable option because there is no residency requirement in the county to grant a legal separation.
- No Waiting Period: There is no six month cooling off period with a legal separation so people can obtain a Judgment of Legal Separation shortly after they file their Stipulated Judgment with the Court.
Conclusion
Choosing between legal separation and divorce is a significant decision that requires careful consideration of your personal, emotional, and financial circumstances. Understanding the differences and implications of each option can help you make an informed choice that best suits your needs. For personalized advice and assistance, contact me for expert guidance.
Call: 949-756-0684
Email: dgold@tldlaw.com
Disclaimer
This information outlines a few of the concepts that surround legal separation and divorce in the State of California. It is not intended to be, nor should it be construed as legal advice for any particular situation. Please seek advice from TLD Law or your personal attorney in your state or jurisdiction.
TLD Law Family Law Partner Daniel R. Gold was recently featured on the Divorce Mortgage Strategies Podcast , powered by the Divorce Lending Association . In the episode, titled “ The Divorce Quarterback: Leading the Team That Guides Clients Through Divorce ,” Dan joins host Amy Valdivia, CDLP®, to discuss the importance of coordination and strategy in complex divorce matters. The conversation explores how successful outcomes often require collaboration among family law attorneys, mortgage professionals, and financial experts—particularly in cases involving substantial assets, real property, retirement accounts, and long-term support considerations. Dan shares insight from decades of experience guiding clients through high-net-worth and gray divorces. He explains why approaching divorce as a team effort—where the attorney serves as a strategic leader coordinating financial, lending, and legal professionals—can help clients make informed, sustainable decisions during one of life’s most significant transitions. Watch the full interview on YouTube: https://www.youtube.com/watch?v=Mx7ruqT_IiU About Daniel R. Gold Daniel R. Gold is a partner at TLD Law and a California State Bar–certified Family Law Specialist. His practice focuses on complex divorce and family law matters, including high-net-worth divorces, division of business interests and real property, retirement asset division, and long-term support issues. Known for his strategic and detail-oriented approach, Dan works closely with clients to provide clarity and steady guidance through financially and emotionally complex situations. Learn more about Daniel R. Gold: https://tldlaw.com/our-people/daniel-gold/ About the Divorce Mortgage Strategies Podcast and the Divorce Lending Association The Divorce Mortgage Strategies Podcast is produced by the Divorce Lending Association and is designed for family law professionals, financial specialists, and individuals navigating divorce. The podcast focuses on promoting divorce literacy, financial clarity, and cross-professional collaboration to support better outcomes in divorce cases. Learn more about the podcast: https://www.divorcelendingassociation.com/reports/divorce-literacy-podcast.cfm Visit the Divorce Lending Association: https://www.divorcelendingassociation.com/
Daniel R. Gold, Certified Family Law Specialist, is proud to announce the release of his debut book, The Divorce Quarterback: A Lawyer’s Roadmap Through the California Family Law Jungle .
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