What is the difference between legal separation and divorce?

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Legal separation and divorce both involve court orders addressing property division, child custody, support, and other issues. The key difference is that legal separation does not end the marriage.

Legal separation:

The marriage remains legally intact — you cannot remarry. You may still be entitled to spousal benefits (health insurance, Social Security). Property and debts are divided, and custody and support are established, similar to divorce. Some people choose separation for religious reasons, insurance benefits, or because they're unsure about divorce.

Divorce:

The marriage is legally dissolved. Both parties are free to remarry. All property, debts, custody, and support issues are finalized. It's a permanent legal change in status.

Important notes: Not all states offer legal separation (some only recognize divorce). The process for obtaining a legal separation is similar to divorce and often requires the same court filings and procedures. In some states, a legal separation can be converted to a divorce later without starting over.

If you're unsure which option is right for you, a family law attorney can explain the specific implications in your state.