Divorce is no doubt a very complicated process for both the parties. Many couples choose to separate before getting a divorce. This separation requires them to limit contact with one another and go along with their lives without their partners.
Separations may be chosen for a number of reasons, but the most common reason why couples choose separation is to use the time as a test. The couples stay apart from each other to decide whether they should get a divorce or not. As soon as the trial period ends, the couple can then decide whether they would like to reconcile the differences or to end their marriage officially.
In this article, we will look at separation vs. divorce pros and cons. So keep on reading to find out!
Separation versus divorce
Before we compare the two, it is important to understand the difference between living apart from your partner and making your separation legal.
In simple separation, the spouses may live apart from each other, and no documents are filed with the courts nor does this require any written agreement. Separation can help keep things hidden as their status of separation may stay unknown to everyone except them.
A divorce, on the other hand, is in which the couple asks the court to identify their separated status. This requires a formal written agreement along with submission of the appropriate documents in the court.
Divorce requires the couple’s assets to be divided, matters regarding child custody to be resolved and child support terms and alimony to be noted in the contract.
Separation vs. divorce pros and cons
Legal separation can be a better option even if it is only temporary for a number of reasons. For example, many people give in to religion in which divorce may be strongly discouraged. Getting separated can allow them to remain married without living together.
However, both separation and divorce have pros and cons. Keep on reading to find out the advantages and disadvantages of divorce and separation to help you figure out the better option for you.
Pros of separation
Separation appeals to some couples for a number of reasons –
- They have ethical or religious objections to getting divorced.
- They hope to fix their marriage problems someday but need to live apart for some time.
- Separation allows one partner to receive insurance coverage from the other partner’s provider.
- Separation also helps in providing tax benefits before the couples finalized their financial situation and got divorced.
- It also allows one spouse to be qualified for social security benefits and even pension of the other spouse before getting divorced.
Cons Of separation
Separation does have some drawbacks that can make divorce seem like a much better option. These drawbacks include:
- Not all insurance policies provide coverage to a spouse once legal separation is finalized.
- Couples that are separated are not allowed to get married again until they are divorced formally.
- If couples have a joint account or are together in any agreement such as a mortgage, then each spouse will have access to those accounts and in turn is also liable for any debts they have as a couple.
Pros of divorce
Since divorce can be the end of your relationship and even messy, it only has few advantages-
- Divorce can help you get free; you no longer have to live with someone who is constantly controlling you.
- Divorce makes separation 100% legal and official. It is the final nail in the wall of your relationship.
- Divorce is a permanent decision, and the separation is not just physical, unlike legal separation. Instead, divorce provides you with physical and mental separation.
- You can always remarry after a divorce.
Cons of divorce
Just like every other decision, you have to weigh the pros against the cons. Similarly, divorce has some cons as well that include-
- Divorce is expensive because you have to cover the legal fees and other expenses that come along with getting a divorce.
- Divorce can get you mentally exhausted and can take a heavy toll on you as a single person.
- Divorce can reduce your living standards because now only one person will be earning and you will have to remain on a budget.
- It can also lead to a change in personal relationships as some friends can pick sides and you may also want to stay away from your married friends.
Ending your marriage is never an easy option nor is living apart. It is important to remember that if love is still there, then you may choose to reconcile one day which is possible with separation and not a divorce. However, with a divorce, you can always remarry.
Both separation and divorce have their advantages, there may be other pros and cons that are not listed in the article, but if you are considering a separation or a divorce, it is better to get legal advice that can help you figure out the more suitable option for you.