Is It Better to Separate or Divorce?

Are you and your spouse struggling in your marriage but unsure whether divorce is the right step? Many couples consider legal separation as an alternative to divorce, but which option is best depends on your personal circumstances. While both separation and divorce allow couples to live apart and make independent decisions, they have different legal and financial implications. Keep reading to learn the key differences between separation and divorce and how Kendall Gkikas & Mitchell, LLP can help you decide which option is right for you.

What Is Legal Separation?

Legal separation allows couples to live apart while remaining legally married. In California, a legal separation is a formal process that involves filing paperwork with the court. A legal separation agreement can address issues such as child custody, spousal support, and property division, similar to a divorce. However, the couple remains legally married and cannot remarry unless they later choose to finalize a divorce.

Some couples choose legal separation for religious or personal reasons, while others prefer it as a way to test whether they want a permanent divorce. Separation also allows couples to retain certain financial benefits, such as health insurance coverage or tax advantages, that would be lost in a divorce.

What Is Divorce?

Divorce is the legal termination of a marriage. Once a divorce is finalized, both spouses are legally single and free to remarry. Divorce permanently settles issues such as asset division, child custody, and spousal support. Unlike separation, divorce ends all legal ties between spouses except for court-ordered obligations like child support or alimony.

Many people choose divorce over separation when they are certain that the marriage cannot be repaired. Divorce provides a clear path forward and allows both spouses to move on with their lives independently. However, because divorce is permanent, it requires careful consideration and planning.

Which Option Is Best for You?

Deciding between separation and divorce depends on your personal and financial circumstances. If you and your spouse are unsure about ending the marriage but need time apart, legal separation may be a better choice. It allows you to establish financial independence while keeping the option of reconciliation open. Additionally, separation can be beneficial if you want to maintain shared health insurance or other financial benefits.

On the other hand, if you are certain that you no longer want to be married, divorce provides a permanent solution. It allows both parties to fully separate their finances and move forward without lingering legal ties. If you or your spouse plan to remarry in the future, divorce is the only option.

Contact Kendall Gkikas & Mitchell, LLP for Help with Separation or Divorce in Claremont CA!

Choosing between legal separation and divorce is a major decision, and it is important to understand the legal and financial consequences of each option. If you are unsure which path to take, consulting with an experienced family law attorney can help you make an informed decision. At Kendall Gkikas & Mitchell, LLP, we can guide you through the process, whether you choose separation or divorce. Call us today at 909-482-1422 to schedule a consultation and discuss your case!