What are the Pros and Cons of Legal Separation?

January 27th, 2025 by Tiffany Hughes

We all know what a divorce is, but many don’t know what a legal separation is. I get calls all the time from potential clients saying that they want to file for a legal separation but when asked why, they don’t know.  Just like a divorce, a legal separation can still contain things such as custody, parenting schedule, and spousal support

What is Legal Separation?

Legal separation is a formal process that allows couples to live apart while remaining legally married. This alternative to divorce provides couples with an opportunity to address marital issues, financial arrangements, and child custody without filing for divorce to end the marriage. While legal separation can be a beneficial option for some couples, it also comes with its own set of advantages and disadvantages.

What are the Pros of Legal Separation?

1. Time for Reflection and Reconciliation

Legal separation provides couples with a period of time to reflect on their relationship and consider working toward reconciliation before filing for divorce This structured break can allow couples to work on their issues, attend counseling, and make a concerted effort to rebuild their marriage without the pressure of living together under the same roof.

2. Maintenance of Health Insurance and Other Benefits

Remaining legally married through a separation may allow one spouse to continue receiving health insurance, social security, and other benefits that would otherwise be terminated upon divorce. This can be particularly beneficial for couples who rely on these benefits for their health, well-being, and financial stability.

3. Protection of Financial Interests

Legal separation enables couples to establish formal agreements regarding property division, spousal support, and child custody, providing clarity and protection for both parties. This can help to prevent disputes and misunderstandings down the line all the while ensuring a fair and equitable distribution of assets and responsibilities.

4. Potential for Reconciliation

Unlike divorce, legal separation does not permanently dissolve the marriage. For couples who are uncertain about ending their marriage, legal separation leaves the door open for negotiation and offers a less final alternative that allows for the possibility of future reconciliation.

5. Respect for Personal and Religious Beliefs

For some couples, divorce may not be an option due to personal, cultural, or religious beliefs. Legal separation provides an alternative that allows couples to live apart while still adhering to their values and beliefs regarding the sanctity of marriage.

What are the Cons of Legal Separation?

1. Continued Legal and Financial Ties

Despite living apart, couples who are legally separated remain married in the eyes of the law, which means they continue to have legal and financial obligations to each other. This can include providing support, debt obligations, and shared financial responsibilities, which can be complex and burdensome.

2. Limited Marital Benefits

While legal separation may allow one spouse to maintain certain benefits like health and dental insurance, it often does not offer the same level of protection and benefits as marriage. This can create financial challenges and limitations for both parties, especially if one spouse relies heavily on the other for support.

3. Emotional and Psychological Strain

Living apart while legally married can be emotionally and psychologically challenging for both parties. The uncertainty of the relationship, the stigma associated with separation, and the absence of closure that comes with divorce can contribute to stress, anxiety, and emotional turmoil for spouses.

4. Potential for Misunderstandings and Disputes

Despite having formal agreements in place, legal separation can still lead to misunderstandings, disputes, and disagreements regarding financial arrangements, child custody, and other shared responsibilities. This can result in ongoing conflicts and legal battles, making the separation process more complicated and contentious.

5. No Freedom to Remarry

One of the significant drawbacks of legal separation compared to divorce is that neither party is free to remarry. If one or both spouses wish to enter into a new marital relationship, they must first obtain a divorce, which can prolong the process and add further complications to their situation.

Legal separation can be a viable option for couples who are considering living apart but are not ready to end their marriage permanently. It offers a structured and formalized approach to addressing marital issues, financial arrangements, parenting schedules, and child custody while still allowing for the possibility of reconciliation. However, legal separation also comes with its own set of challenges, including continued legal and financial ties to your spouse, limited marital benefits, and potential emotional and psychological strain.

Before deciding whether legal separation is the right choice for you, it’s essential to carefully consider the pros and cons. Consult with a knowledgeable family law attorney and explore other alternatives to determine the best course of action for your unique circumstances. Remember, every relationship is different, and what works for one couple may not work for another. By weighing the advantages and disadvantages of legal separation, you can make an fully informed decision that aligns with your needs, values, and future goals.

Need More Information or Representation?

If you are filing for a divorce or wanting to get legally separated 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 getting a divorce, wants to divide their marital or non-marital assets, wants to establish custody or a parenting schedule, wants spousal support in a divorce or a legal separation, wants to learn more about the differences between legal separation and divorce, wants advice about whether legal separation or divorce is better suited for their situation, or wants representation in pursuing a legal separation or divorce.

      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.