What is the difference between legal separation and divorce?

Legal separation and divorce in Florida are both processes that permanently end a marriage. The main difference between the two is that with a legal separation, the marriage is still in effect, and the spouses are still legally married, whereas with divorce, the marriage is officially terminated and the spouses are no longer related by law. Legal separation allows the two spouses to live separate lives, while still entitling them to some benefits of marriage, including inheritance, Social Security, health insurance benefits, and tax liabilities. Spouses legally separated are still eligible to receive certain benefits such as alimony. With a legal separation, couples can legally separate without officially ending their marriage, and can later decide to reconcile, if they choose. In contrast, a divorce is a court-ordered process that officially dissolves the marriage, cutting all legal ties between the two parties and often leads to both parties having to divide assets. After a divorce is finalized, the two parties are no longer legally married and can go on to marry someone else. Furthermore, couples can no longer claim spousal benefits once a divorce is finalized. In Florida, both legal separation and divorce require filing a petition for dissolution of marriage, in addition to other documents. A judge then reviews the case and grants the divorce or legal separation, depending on the circumstances of the marriage and the agreement of both parties.

Related FAQs

What is a parenting plan evaluation?
What are child support and alimony?
What is a paternity hearing?
What is a parenting agreement?
Are there any limits on how much a parent can be ordered to pay for child support?
What are the grounds for divorce?
How do I file for custody or visitation modification?
How is child support determined and paid?
How does the court determine child support?
What is joint legal custody?

What is the difference between legal separation and divorce?

Related FAQs

Related Blog Posts