How Is a Legal Separation Different from a Divorce in Illinois?

January 20th, 2025 by Tiffany Hughes

When a marriage faces challenges, couples often consider different options to resolve their differences. In Illinois, two common paths are legal separation and divorce. While both processes involve the formalization of a couple’s decision to live apart, they have distinct legal implications and consequences.

What Is Legal Separation?

In Illinois, legal separation is a court-recognized status that allows a married couple to live apart while remaining legally married. During a legal separation, the couple will address important issues such as property division, child custody, child support, and spousal maintenance, just as they would in a divorce. However, unlike divorce, the couple remains married and cannot remarry.

Key Features of Legal Separation in Illinois:

1. Property Division in Legal Separation: The court will divide marital assets and debts between the spouses, taking into account factors such as each spouse’s contribution to the marriage and the duration of the marriage.
2. Child Custody and Support in Legal Separation: The court will determine custody arrangements and establish child support based on the best interests of the child.
3. Spousal Maintenance in Legal Separation: The court may award spousal maintenance (alimony) to one spouse based on factors such as the financial needs of the recipient and the ability of the other spouse to pay.
4. Health Insurance in Legal Separation: In some cases, a legal separation may allow one spouse to remain on the other spouse’s health insurance plan.
5. Tax Implications in Legal Separation: Couples who are legally separated may still be eligible for certain tax benefits that are not available to divorced individuals.

What Exactly is a Divorce?

Divorce in Illinois, on the other hand, is the legal termination of a marriage. Once a divorce in Illinois is finalized, both parties are free to remarry. Like legal separation, divorce involves resolving issues such as property division, child custody, child support, and spousal maintenance, but the outcomes and legal implications are different.

Key Features of Divorce in Illinois:

1. Marital Status in Divorce: After a divorce is finalized, both parties are legally single and can remarry.
2. Property Division in Divorce: The court will equitably divide marital assets and debts between the spouses, considering factors such as each spouse’s contribution to the marriage and the duration of the marriage.
3. Child Custody and Support in Divorce: The court will determine child custody arrangements and establish child support based on the best interests of the child.
4. Spousal Maintenance in Divorce: The court may award spousal maintenance (alimony) to one spouse based on factors such as the financial needs of the recipient and the ability of the other spouse to pay.
5. Tax Implications in Divorce: Divorce may have different tax implications for both parties, including changes in filing status and eligibility for certain tax credits and deductions.

Which Option is Best; Divorce or Legal Separation?

Choosing which option is best for you between legal separation and divorce in Illinois depends on your specific circumstances and goals. Here are some factors to consider:

1. Desire to Remarry: If you or your spouse wishes to remarry in the future, divorce is the only option that allows for remarriage. Remarriage in a legal separation is not possible and you would have to officially divorce in order to remarry.
2. Religious or Personal Beliefs: Some couples choose legal separation over divorce due to religious or personal beliefs that discourage divorce.
3. Financial Considerations: Legal separation may offer financial benefits, such as retaining eligibility for certain tax benefits or health insurance coverage.
4. Emotional Readiness: Legal separation may be a less emotionally challenging option for couples who are unsure about ending their marriage. On the other hand, dragging out an inevitable end to a marriage may cause more harm than if a divorce was filed earlier.

Legal separation and divorce in Illinois serve different purposes and have distinct legal implications. While both processes involve addressing important issues including property division, child custody, child support, and spousal maintenance, the outcomes and consequences maybe different. If you are considering which is the best option for you between legal separation or divorce, it is crucial to consult with a qualified family law attorney to understand your rights, options, and the potential implications of each choice on your future.

Need More Information or Representation?

If you are looking to file for divorce or want to get a legal separation from your spouse, give The Law Office of Tiffany M. Hughes, P.C. a call today at 773-893-0228 for a confidential, complimentary 30-minute phone consultation or email Tiffany Hughes directly at Tiffanyhughes@thugheslaw.com. Our entire practice is solely dedicated to the area of family law. We are highly experienced in providing legal representation to anyone who is filing for a divorce or legal separation in Illinois, wanting to learn more about what divorce and legal separation are in Illinois, needing help negotiating child custody, child support, spousal maintenance, and property division in divorce and legal separation in Illinois, wanting to discuss the tax implications in legal separation, remarriage in legal separation, or would like to discuss further which option is best for them – divorce or legal separation.

      About Tiffany M. Hughes, Divorce Attorney, Principal, Managing Partner, The Law Office of Tiffany M. Hughes, P.C.:

Tiffany M. Hughes is a divorce attorney and Managing Partner of The Law office of Tiffany M. Hughes. Recognized as a Top 100 Lawyer in Lawyers Magazine in 2018 and 2019, Super Lawyer from 2016 to date, and in addition to numerous other accolades, Ms. Hughes represents individuals in all aspects of family and matrimonial law proceedings, including litigation, mediation, allocation of parental responsibility (formerly known as custody), parentage, divorce and other child-related matters.

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This blog is made available by The Law Office of Tiffany M. Hughes, P.C. for educational purposes only as well as to give you general information and a general understanding of Illinois law, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and The Law Office of Tiffany M. Hughes, P.C. The website should not be used as a substitute for competent legal advice from a licensed professional attorney in Illinois.  The law changes constantly and we do not go back in time to edit old posts that may be affected by these changes.  If you have any questions about Illinois law, which is the only State this blog and website discusses, please call The Law Office of Tiffany M. Hughes, P.C. for a complimentary phone consultation and do not draw any legal conclusions without speaking to a competent attorney in Illinois first.