Legally Separated vs. Divorced: What You Need to Know
There may come a point when you choose to make a big change. As unfortunate as it might be, that change may involve leaving your partner.
Parting ways is not easy for anyone in the family. It can be hard on both people in the relationship or marriage, in addition to the kids.
If you are debating between getting legally separated vs. divorced, there are a few things you should know about how each works.
Which is right for you: legally separated vs. divorced?
Here at the Law Office of Erin Bradley McAleer, we have seen a fair share of divorces and legal separations. Divorce is a more permanent route that usually does not result in getting back together with the same person, whereas legal separation can go either way.
Why might you choose to get legally separated vs. divorced?
Legal separation may permit you to remain on the same insurance plan or benefits package. This can ensure your spouse’s health needs are met without having to get new insurance or pay for medical bills out of pocket. Divorce generally prevents you from retaining the same insurance benefits.
You think you might want to get divorced, but you are just not sure. We get it. Signing divorce papers is not easy. Legal separation allows you to relocate from your partner and divvy up your assets fairly. It is as official as a divorce without the permanence (unless you decide to stay legally separated long term or dissolve your marriage).
You have health concerns and need your spouse to make critical decisions. Since you remain married when legally separated, your partner can make the important calls. If you have been together for several years, they may be the only person you trust to make those decisions.
In Washington State, legal separations and divorces include many of the same guidelines. You will still need to establish a parenting plan, split your assets and property, and more.
There are also multiple papers to file before you are considered legally separated or divorced. You will still need to meet with a family lawyer for a separation. For divorce, the same attorney can help you.
What is an informal separation in a marriage?
Whether you choose to be legally separated or divorced, it might be a title you are not ready for yet. In that case, consider a trial separation (or informal separation).
Essentially, this means that you and your partner agree to separate without getting the law involved. You can choose to live wherever you desire. However, it is up to you and your partner to decide how things should be divided among you.
This has its pros and cons. For instance, you may save money in legal fees by not filing for legal separation. However, the court will not oversee your assets or parenting plan, which means that they may not be divided fairly (or “equitably,” which the court strives for in Washington State).
Key Takeaway
Being legally separated vs. divorced comes with advantages and disadvantages. While you may prefer to be legally separated if you are not ready to dissolve your marriage, legal separation is not for everyone. A family attorney can help you see which option is right for you.
Contact the Law Office of Erin Bradley McAleer today to schedule your first consultation for free.












