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What Is Legal Separation?

A Different Alternative

When deciding whether or not to end your marriage, you may be uncertain and want to research if there are alternative methods to working things out. You may have come across the term “legal separation,” but what exactly does this mean? What makes legal separation different from divorce, and are there benefits to pursuing legal separation over ending your marriage? Here is what you need to know about legal separation in Colorado.

A Key Difference from Divorce

Legal separation actually offers similar outcomes to those of divorce; a couple seeking legal separation can determine resolutions to issues such as child custody, child support, and property division. The key difference between these two, however, is that a couple who becomes legally separated is still legally married until they get divorced whereas a divorce ends a couple’s marriage.

After getting a legal separation, a couple has the option to get a divorce if they so choose.

Why Choose Legal Separation?

Despite this important distinction, many couples choose legal separation for the various benefits that it affords them, including the following:

  • Because a legally separated couple is still married, one spouse can continue to remain on the other spouse’s healthcare plan despite living separately from each other.

  • A couple can also continue to maintain the tax benefits of being married while living separately.

  • For some, legal separation allows them an alternative to divorce for personal reasons such as religious beliefs.

  • Some people, namely those of certain religious beliefs, also maintain a stigma about divorce, and legal separation allows them to avoid divorce and reap similar benefits.

Questions About Legal Separation?

When determining how to best move forward with your relationship with your spouse, you may still have questions about whether divorce or legal separation is the best choice for you. In order to make the choice that provides you with the best path forward, you should consult with an attorney who understands the nuances of both legal separation and divorce and who can guide you as you move forward with your decision. At Drexler Law, our team is prepared to help you determine your best course of action and to walk alongside you as you prepare for the next chapter of your life.

Learn more about both legal separation and divorce in Colorado or schedule a consultation with one of our attorneys by calling us at (719) 259-0050 or by visiting our website.