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What is the difference between legal separation and divorce?

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Aubrey Lambert Aug 19, 2021
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E
Ella Morris Aug 19, 2021

There are key differences between separation and divorce. The most basic and obvious distinction is that you remain married during a legal separation, and in a divorce, your marriage is dissolved. Other differences include:

  1. Legal separation allows for the retention of health care and other benefits, including certain social security benefits that terminate with a divorce.
  2. Legal separation allows you to retain your marital status, meaning that you're not free to marry another; once you're divorced, you can remarry.
  3. Spouses are still considered next of kin and can still make medical or financial decisions for the other; divorced spouses aren't considered next of kin.
  4. Spouses may still be responsible for the debt of the other in a legal separation, unlike a divorce where the debts are handled during the dissolution process.
  5. Legal separation preserves each spouse's legal rights to property benefits upon the death of the other, but a divorce extinguishes these rights.

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