Divorce vs legal separation

What is the difference between Divorce and Legal Separation in Connecticut?

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If you are contemplating a divorce, you may wonder whether you should instead consider a legal separation. In Connecticut, a judgment of legal separation is almost identical to a judgment of dissolution of marriage (divorce). The only meaningful difference is that if you are legally separated, you are technically still married and you are not free to marry another person.

The process for a legal separation in Connecticut is virtually identical to the process for a divorce. All of the same decisions must be made regarding the division of assets and debts, determining alimony and/or child support and creating a parenting plan for minor children. The time commitment, labor and costs are the same. For these reasons, legal separation is not very common in Connecticut.

So why do some people in Connecticut choose a legal separation over a divorce? With a legal separation:

  • You may be able to stay on your spouse’s medical insurance plan. This can be a significant financial benefit as medical insurance can be quite costly. It is important to check with your spouse’s insurance provider in advance to confirm that you can actually continue as an insured after a legal separation. Not all insurance providers will allow a legally separated spouse to remain an insured.
  • You may have religious or cultural reasons to avoid divorce. A legal separation may allow you to have the benefits of a divorce while addressing these concerns.
  • You may not be ready to call it quits. Maybe you and your spouse are still working on the marriage and are not sure you want to divorce. Living apart may bring down the temperature of the relationship and create perspective. Experiencing what life feels like living apart from your spouse may inform your decision. If that is the case, a legal separation is not the ideal option. If you wish to live apart from our spouse while you decide whether to stay together or divorce, you may instead opt for a postnuptial agreement or other contractual arrangement with your spouse.

Legal separations, like divorces, can be accomplished using either divorce mediation or the collaborative divorce model. For help in deciding which method to choose, read: Mediation vs. Collaborative Divorce