Legal Separation v. Divorce

There are two main differences between a legal separation and a divorce. The first difference is that a divorce terminates a marriage and a legal separation does not. The second difference is that assets and debts are completely and finally allocated in a divorce, but not in a separation. Otherwise, the two actions bear striking similarities and address the same list of issues. Both actions determine custody, visitation and support of children. Both actions allocate possession and control of assets, with divorces proceeding further, to allocate full ownership rights. Both actions allocate liability for debts, with the allocation, again, being more complete in a divorce action. Both actions address the need for spousal support. Both address tax and insurance issues, and more. Most people in failed marriages prefer the clean and total break a divorce provides. People who retain a realistic hope for reconciliation or who oppose divorce on moral or spiritual grounds prefer a legal separation.