ExecutiveChronicles | What Is The Difference Between Separation And Divorce | Every marriage has its differences and conflicts, however, sometimes, things might get a little out of hand, and either or both partners might want to seek a divorce? While divorce is a viable option for two people who are unhappy with each other, if you and your spouse are not sure about you, you can always try separation.
Most people are unfamiliar with separation, like its conditions and how it differs from divorce. The primary difference between both is that a break keeps your marriage legally intact, and divorce is when you dissolve your wedding on paper.
If you are dealing with marital issues and exploring your option, you must contact an experienced divorce attorney from Karp & Iancu, S.C., as soon as possible. A divorce attorney will tell you all your options and advise you whether divorce is the right decision based on your situation.
Difference between divorce and separation
Here are some points that will clear all your doubts for those wondering what the difference is between separation and divorce.
- Decision-making
In a divorce, you lose all your rights to make any decisions or suggestions if your spouse’s life. After your divorce, the marriage will end entirely, and you both will have a separate life that you can live on your terms.
In a separation, you and your spouse might live away from each other, but the marriage is still legally valid. So that gives you the right to make any significant decisions like medical or financial choices on your partner’s behalf.
- Property rights
In divorce cases, all the marital assets are divided between the spouses at the time of court totals and proceedings. Once the judge decides, all the purchases are final, and the chosen spouse will remain the legal owner.
In separation cases, it depends on the separation you and your spouse have agreed to. The assets, properties, and debts are divided between the two spouses if it is a permanent separation. After that, neither has any claim over the other’s financial support.
- Benefits claim
In most divorce cases, the spouses do not have the right to claim the other spouse’s benefits. However, in particular, in conditions where the spouse is financially dependent on the other or one parent owes child support to the other parent, it is possible to claim social security or other benefits.
In a separation case, it depends upon the laws of your state about claiming your spouse’s benefits. Moreover, it also depends on the insurance or benefits policy whether the separated spouse has a right to claim their partner’s benefits.
