Divorce or Separation? How To Know Which One Is More Beneficial For You

When some people think of a divorce and separation, they mistake the true meaning, and believe they are one in the same. However, that is not the case. A divorce entails the permanent dissolving of a marriage through the assistance of a divorce attorney. Whereas, a separation means a couple is still legally married, but staying apart or living in the same home. Are you undecided on whether or not you should get a divorce or separation? Below are three insights that may help you to consider which is more beneficial for you.

Communicate Openly With Your Spouse

Clear and honest communication is always the best strategy when dealing with matters of the heart. Refrain from the need to vent to close friends or family about current issues you’re facing in your marriage (or have encountered in the past). Instead, openly reveal to your spouse what is no longer working, and develop a plan to mend your marriage. If your marriage is irreparable, then you are now faced with considering if you should get divorced or file for separation. 

Choose How You Would Like To End Your Marriage

After you and your spouse have determined that you are not able to amicably mend your marriage, the next step is to decide how to go about ending your marriage. Perhaps, this looks like filing for a divorce or deciding to separate for a while. Ultimately, you have to choose what works best for you and your family (assuming you have children). The implications of a divorce or separation can have a large impact on your family, so be sure to consider several factors before making your final decision.  

Divorce VS. Separation

As briefly explained before, a divorce is a permanent ending of a marriage, while a separation means a couple is still legally married, but have not decided to move on with formal divorce proceedings. If you are considering a divorce, it is mainly because you and your spouse do not feel the need to complete a trial separation period before ending your marriage. Also, divorce could be inevitable because you’re growing apart, there are severe communication issues, or you’re considering marrying someone else. There are several factors that determine why a couple eventually files for divorce. On the other hand, you might be considering getting separated because of religious beliefs that prohibit you from divorcing, you’re not sure if divorcing is the plan right now, or because you still want to be able to utilize your spouse’s health insurance. Just like with divorcing, there can be numerous reasons why couples choose to separate. However, those who choose to separate are willing to have regular contact with each other in some capacity. 

In conclusion, the decision to alter your marriage can either be a permanent one or a temporary one. Through honestly and openly conversing with your spouse, you will come to a conclusion on the direction you should go in your marriage – either separation or a divorce. The information provided should help you make a wise and informed choice on which path you would like to take. 


This article contains general information and opinions from Burke Williams Law and is not intended to be a source of legal advice for any purpose. No reader of this article should act or refrain from acting on the basis of information included in this article without seeking legal advice of counsel. Burke Williams Law expressly disclaims all liability with respect to actions taken or not taken based on any content in this article.