If you believe your marriage can no longer work, you can opt for either divorce or a legal separation agreement. If you’re not sure what the difference between divorce and legal separation is, you’re not alone. As our divorce attorney will explain, the definition of the legal separation agreement is a process by which a married couple formalizes their decision to live apart. The legal separation is granted through a court order. Under a legal separation agreement, the couple continues to be legally married.
What Is a Legal Separation?
The legal separation agreement is enshrined in Colorado Revised Statutes Title 14 Domestic Matters. The legal text covers all the pertinent aspects, from distribution of assets to custodial rights over children. Being legally separated allows the two spouses to maintain control over their finances while maintaining a relationship of marriage in the eyes of the law.
One important aspect that you must remember is that both spouses must agree to get a separation agreement. If one of the spouses disagrees, they can file for dissolution of marriage in response to the application for legal separation (Colorado Revised Statutes 14-10-106(2)).
A legal separation attorney will explain that this can be a good option for individuals who don’t want to go through a divorce for moral or religious reasons or who aren’t sure they’re ready for divorce. A legal separation agreement isn’t always a precursor to divorce and it is recognized as a separate status. An attorney from Carlson, Edwards, and O’Connor will explain exactly how to prepare the documents and forms to reach this agreement.
Legal Separation vs. Divorce in Colorado: What You Need to Know
Many people wonder about the difference between divorce and legal separation. It’s important to note that under Colorado’s laws, filing for divorce or living apart is not the same as getting legally separated. However, both the separation agreement and divorce involve many of the same issues such as child custody and support, spousal maintenance, and property and debt division. If the couple can’t agree on how these should be split, the court will decide.
However, a key difference between divorce and legal separation is that legally separated spouses can’t remarry. They are still legally married so for either party to get remarried, they would have to convert their steps to legal separation to a divorce. One of the benefits of a legal separation agreement is that unless there’s a prenuptial agreement saying otherwise, legally separated spouses maintain their inheritance rights.
There are a number of reasons why people opt for legal separation vs divorce, including:
- Divorce has a stigma attached to their religious or social group
- One spouse is ill or disabled and needs to remain on the other’s health insurance
- The couple wants to enjoy the federal tax benefits extended to married couples
- The couple wants to keep employment-related or military benefits which would be lost in a divorce
A lawyer who specializes in steps to legal separation can explain all the differences between divorce and separation and they can help the spouses make an informed decision.
