When spouses decide to go their separate ways, they have the option to pursue a divorce or a legal separation. While some couples decide that a legal separation is the best fit for them, it is not a very common choice in Connecticut. Below is a look at similarities and differences between divorce and legal separation and the reasons couples choose one or the other.
What are the similarities and differences between divorce and legal separation?
In Connecticut, the divorce and legal separation processes are nearly identical. The couple must go through the same arduous process of dividing and distributing their assets and debts among two households and, if there are minor children, making painstaking decisions about child custody and the parenting plan. In legal separation as in divorce, the couple can opt for alternative dispute resolution, such as mediation or the collaborative process, to try to reach an agreement.
If negotiation fails and the two parties cannot come to an agreement, the court will resolve the matter through a trial. Once an agreement or resolution is reached, the court will issue divorce orders or legal separation orders. The main difference between the two is that with a legal separation, the marriage has not been dissolved, and the parties are not free to legally marry someone else.
Why might a couple choose legal separation over divorce?
Some couples wish to live separate lives but do not want to get a full divorce for religious reasons. For these individuals, legal separation may be a suitable option, especially if they do not have plans to marry again in the future.
In some cases, legal separation may be more advantageous from an estate planning point of view, such as if terminating the marriage would impact a party’s inheritance rights.
In past years, it was somewhat common for people to opt for legal separation so that both parties could continue to be covered under one spouse’s employer-based health insurance plan. However, in recent years, it has become increasingly uncommon for health insurance plans to extend benefits to an employee’s spouse following legal separation.
Why do most couples choose divorce over legal separation?
Most couples who decide to end their union want to make a clean break, and they want to be free to marry someone else in the future. If you are legally separated, you or your spouse can petition at any point to have the legal separation orders converted to a divorce judgment. But the process will not be automatic. After having gone through the time, effort, and expense to negotiate the terms of your separation agreement, you may find that the terms change when you or your spouse petitions the court for a divorce judgment, because the court will take current circumstances into consideration. For instance, the other spouse may have suffered a health problem, a car accident, or a career setback that has significantly impacted their finances. Although you may have been living separate lives for several years, you may suddenly have your finances upended when the other party petitions the court to convert the separation orders into a divorce judgment. Depending on the circumstances, the final divorce terms may wind up being very different from what they would have been had you originally opted for a divorce.
The family law attorneys at Ruel Burns Feldman Kukucka & Britt, LLC have extensive experience serving as trusted advisors and representing clients in divorces and appeals in Connecticut. If you are considering a divorce or seeking a modification or appeal of your divorce, alimony, or child custody orders, contact our family law attorneys at 860-206-9096 or online.