Divorce or separation: what’s the difference?

Often, when parties to a marriage come to the realization that things aren’t quite working out, the immediate goal becomes divorce.

There is, however, another option. Instead of seeking an absolute divorce, the parties may wish to consider legal separation. Unlike divorce, wherein the parties’ marriage is ultimately dissolved, legal separation allows the parties to remain formally married though operating under a set of mandates that are put in place by a court order. This option allows separated spouses to reap some benefits of a formal marriage while living a life separate from their spouse. For example, spouses are still entitled to participate in family health insurance plans, spousal retirement benefits, and to take advantage of income tax benefits. Besides the financial benefits, a legal separation may be more appealing for people with certain religious beliefs or those hoping for a future reconciliation.

Every couple’s situation is different, and an experienced family law attorney can help advise you on what to do to achieve your goals. Call Harrison White’s family law attorneys at 864-585-5100 and let us help.

Blog post by attorney Tatyana Ustimchuk. Read more about Tatyana here.

The posts on this website/blog are published as a service to our clients and friends. They are intended to provide general information only and should not be construed to be formal legal advice regarding any specific situation and should not be construed as forming an attorney-client relationship. Success in the past does not indicate the likelihood of success in any future representation.