What is The Difference Between a Legal Separation and Divorce?
A legal separation is not required in Connecticut in order to be considered separated (in contrast to New York). One can obtain, however, a legal separation and there are benefits to doing so. This involves the same process as a divorce, except that the marriage is not dissolved at the end, although a formal separation agreement is in place detailing payment of bills, division of assets, custody arrangements, etc. The benefit is that under certain circumstances, the parties can remain on the same health insurance plan without a change in cost. The downside is that if some point either party seeks to convert the separation to a divorce, the terms can be changed if the court finds them inequitable at the time of conversion. The belief is that one has the protection of court orders.
Unlike divorce, a legal separation does not put an end to the marriage. During a legal separation, you have a court order that regulates the rights and responsibilities of each spouse while living apart. You remain legally married while choosing to live separate lives. Issues that can be addressed in a separation agreement are division of assets and debts, child custody and child support, visitation schedules and spousal support. The same issues addressed during the divorce process are also addressed in a legal separation agreement. A legal separation can protect your interests until the decision is made to file for divorce. Legal separation of one year is also a cause for divorce without assigning fault to either spouse in the state of NY. Some couples choose legal separation as a means of allowing time to evaluate where things are at between them while regulating financial and custody issues, and some use legal separation as a legitimate cause for divorce a year, or longer, down the
