What does separation in marriage mean? Why would people want to separate after many years of marriage? And what are the different types of separation?
Get ready to remember answers to all your questions a minute from now. First, you must understand the difference between divorce vs separation. There is a big difference between the two.
For example, separation means that couples are still legally married even though they are living separately. And couples can get back together after separation. However, divorced couples have legally dissolved their marriage, and only a miracle can bring them back together again.
Many couples prefer to be separated than be legally divorced because they still have so much to gain from the marriage when they are just separated than when are divorced.
In this post, you will also know why couples choose separation and not divorce.
Let’s dive in.
Three Types Of Separation To Note Now.
There are 3 different types of separation. As we go further in this post, you will see all the effects of separation on couples and how only legal separation affects your legal status. Let’s dive in.
3 Types of Separation: Number 1 Trial Separation:-
There are times you will need to take a break in your relationship so you can think and make a proper plan to make things work again.
Choosing trial separation presents an opportunity for you as a couple to decide whether to continue to divorce, or find a way to settle your scores and get back together again.
Legally, you are still married in a trial separation, all the couple’s rules still apply, and the marital property laws are still intact. Also, if there is any accrued debt or financial gain during this period of separation, are likely to share it with you.
However, this depends largely on your state’s rule concerning property ownership.
It is true that in some states no other legal actions are required, but it is still necessary to some rules of separation (informal agreement) especially when you share children with your spouse.
Below are a few things that will be contained in your separation agreement.
- How do you share your expenses?
- Are you retaining credit cards or joint accounts?
- Who parks out and who stays in the family apartment or house?
- If kids are involved, decide how to take care of them.
You can as well take a look at this separation agreement template to craft yours.
Benefits of a trial separation:-
There are so many benefits of choosing trial separation over divorce, and one of them is that it allows you to decide if divorce is the next and best option for you.
It is however a good option for you if you and your partner at not willing to legally be divorced.
By being separated for some time, you and your partner will be able to taste what divorce looks like and then decide if you will carry on with the divorce or reconcile.
The experiences you’ll have when separated are almost the same as you’ll have if choosing divorce and so when you are separated for a while, you will be clear on what to do next.
Secondly, the experiences can make you either cool down and reconcile with your spouse or move on with your divorce process. But, many couples got back and became better spouses after this experience.
3 Types Of Separation: Number 2 Permanent Separation:-
Permanent separation is one type of separation where the couples involved are separated without any plan of coming back together again, but they haven’t divorced either.
Note that these couples remain legally married for whatever years they remain separated until they are divorced.
Permanent separation sometimes acts as the interim for couples to adjust to the coming situation. And depending on your state law, permanent separation can alter the property rights of you and your partner.
The truth is that when you are permanently separated each of you will be individually responsible for any other debt that arises. And you will no more have the right to partake in sharing any income or assets that comes during the separation.
3 Types Of Separation: Number 3 Legal Separation:-
Legal separation is a type of separation where the couple gets a court order to separate from each other and live their lives separately.
Note that legal separation is not a divorce, but a big alternative to divorce, especially when the couples are not so sure of their marriage, but are eager to be sure that their assets, children, and properties are properly shared.
When you are legally separated, any of you have the right to remarry. In some states, legal separation starts when you or your partner files a petition in a family court.
Follow these steps if you want to file a petition for a legal separation.
- Know the residency requirements of your state.
- Your second step should be to go ahead and file the separation paper.
- Next is to serve you better half the separation paper issued to you by the court.
- Wait for your partner’s response:- your spouse will be given some time to respond to your petition.
- “Settlement of issues.”
- Next is the time for negotiations.
- The final judgment by the judge.
The judge who authorized the petition will also stipulate how the alimony, child custody, and other assets should be shared.
Why Couples Choose Legal Separation instead Of Divorce:-
People have different reasons for choosing legal separation, but the commonest reason is because of their beliefs. To them, God does not want a divorce. so people prefer legal separation because it does not go against people’s beliefs.
Another reason couples choose legal separation out of the other two types of separation when they don’t want a divorce is because of their children.
They believe that it is important to keep the family legally together so the children won’t suffer in the future.
Another reason is that legal separation is an easier and simpler version of divorce that doesn’t remove any right from the couple, or violate any religious beliefs.
Finally, people choose this type of separation because when there is a need to enjoy some health insurance benefits which you wouldn’t get when you are divorced.
However, if you are choosing legal divorce, please, contact your insurance to know if it is included in their plan. It may shock you that your insurance sees legal separation as divorce.
Legal Separation vs Divorce:-
Nobody wants to marry and divorce, but if you have seen your marriage irreparable and you are considering legal separation vs divorce
There are many differences between the two and in this section, we will look at those differences now. If you are considering the best out of these types of separation, you will know after reading this section.
- Marital status Remains The Same:- Separation keeps your marital status intact, which means you are not free to marry again. Divorce makes you free and ready to be remarried.
- Opportunity To Reconcile:- When you are divorced, there is no room for reconciliation unless you remarry. But you have ample opportunity to reconcile when you are separated.
- Rights To Properties And Assets:- When you are divorced your right to all the assets and properties that you had together will stop. Separation doesn’t affect that.
- Decision Making:- Separated couples can make decisions, like medical, financial, and other important issues. Divorce cuts you out of the family immediately and your decisions become useless to the marriage.
- Entitled To Benefits:- Separation allows you to enjoy some benefits like health, insurance, and other social security benefits. Once you are divorced that ceases to be.
Benefits Of Separation:-
No matter which type of adoption you choose out of the three types of adoption I mentioned here, they are better than divorce, however, there are so many other benefits of separation you should note.
Here it is:
It allows you and your partner to work on your marriage. The separation will ease the tension and itches of marriage that would have caused big damage: and as you stay apart, everyone will realize the mistakes and make amend.
Marriage can be extended to 10 years mark in legal separation; this helps the low-income spouse to enjoy the other spouse’s social security.
You have seen the three types of separation their benefits, and demerits. I also described why couples choose separation over divorce.
That is because once you are divorced you will stop enjoying the benefits of the marriage, and the opportunity for reconciliation becomes zero, and your marital status changes too.
There is so much you can get by reading this post and so take your time to read and digest it.
See you at the top.
I am still the in-house counselor, Murphyaik.