When Should You Get Legally Separated Instead of Divorced?
A legal separation is a rarely used device that will effectively achieve the same result as obtaining a divorce, but while remaining technically married. A legal separation is useful in certain instances, where divorce may not be desired. A legal separation is most often used when the age and circumstances of the parties render it the most efficient for retirement or health care purposes to remain married.
A legal separation creates rights and obligations for each spouse, enforceable by the court. A legal separation is a court order where the husband and wife remain married but live separately. This does not legally end the marriage, but allows for the division of property and can establish spousal as well as child support and visitation rights.