Legal Separation

A legal separation, like a divorce, addresses division of marital property, alimony, and, for spouses with children, custody and parenting and child support. Just as with a divorce, all three approaches — litigation, collaborative divorce, and mediation — are available to you and your spouse for a separation.

Connecticut Divorce vs Legal Separation

A court’s decree of separation serves the same essential legal function as a Connecticut divorce order.  The biggest difference between separation and divorce in Connecticut is that in the case of a separation, a couple remains married and cannot remarry without divorcing first.

Choosing Between Separation and Divorce

Separation was more popular back when it was somewhat common for advantageous employer health insurance benefits to be offered to a spouse despite the separation.  That said, because separation does not end a marriage, other employer-based marriage benefits (like pension benefits) might remain available to you or your spouse when you are legally separated.

When analyzing your options regarding Connecticut divorce vs separation, here are a few other items to consider:

  • Legal separation can be “undone,” making it a more flexible option.
  • Divorce is a “clearer” decision, leaving the spouses better able to move forward.
  • The couple’s adopted religion may prohibit divorce but not separation.
  • There may be a tax benefit to either legal separation or divorce based upon the specifics of the couple’s situation and goals.

How Our Connecticut Separation Attorneys Can Help

Whether legal separation or divorce is the approach that will work best for you depends on the ins and outs of your situation and your goals. At Freed Marcroft, we help you understand the difference between separation and divorce so that you will be set up to choose the right process for you.

Schedule your initial consultation today, or contact us either here or by phone at 860-530-4292.