What is a Legal Separation in Illinois?

June 12th, 2020 by Tiffany Hughes

If you no longer want to keep living with your spouse, but you have not yet decided whether you want to end your marriage by getting divorced, then a legal separation may be a viable option for you. A legal separation is similar to a divorce in that you and your spouse will have to negotiate child custody, visitation, child support and maintenance (formerly known as alimony). Typically, a court will not order a division of property unless the parties both request the court to do so.  At the end of the court proceeding, you and your spouse will still be married, but will be living by agreed upon terms entered with the Court. To file for a legal separation you and your spouse must be living in separate households and must have lived in the State of Illinois for at least 90 days prior to filing.

Reasons Why Some People Choose a Legal Separation

There are many valid reasons why some people choose to obtain a legal separation from their spouse rather than a divorce, such as:

• You and your spouse do not believe in divorce for religious or moral reasons
• One spouse will remain eligible to remain on the other spouse’s health care plan or to receive other insurance benefits (although this concern was almost entirely resolved by the Obama Health Care Act)
• You and your spouse are interested in maintaining the tax benefits of still being legally married
• You or your spouse may soon become eligible to receive social security benefits, or
• You and your spouse think you may have a chance at reconciliation.

If you decide to seek a legal separation for reasons, including but not limited to, financial benefits, tax benefits, healthcare benefits or insurance benefits, you should speak to an attorney at The Law Office of Tiffany M. Hughes today. We will discuss your legal options and see what benefits there may be for filing for a legal separation versus a divorce. 

Contact Us Today

The Attorneys at the Law Office of Tiffany M. Hughes are experienced at handling legal separations and divorces and can provide you with all the information you need to help you weigh your options and determine which legal process is best for you. For more information on how the family law attorneys at The Law Office of Tiffany M. Hughes, P.C. can help you determine whether a legal separation or a divorce is right for you in Cook, Will, Lake, McHenry, Kane, DuPage, Kendall and surrounding counties, contact us to schedule your complementary consultation today at 773-893-0228.

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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 free consultation and do not draw any legal conclusions without speaking to a competent attorney in Illinois first.