Separation and Divorce: The difference in the two

Separation and Divorce
Separation and Divorce
Separation and Divorce

Separation and Divorce are two terms which are mostly confused in spite of having different implications. We will learn the difference between the two:

Separation versus divorce

When a couple do not get along with each other, they have the option of living away from each other. When they get separated, legally the marriage is not dissolve rather it remains as it is; the benefit is that they don’t have to stay together. In case they get divorced, then the marriage is nullified and they are two single individuals who are free to get married. In case of separation they will not be allowed to marry any other person, whereas divorce allows them to do so.

When you are living separately, you can enjoy the benefits of medical facilities which otherwise you might have received from your spouse, but a divorce will bring all the benefits to an end. Also, if there is a major conflict or dislike going in between the two people, then they can live apart to understand if the conflict only a phase or they would actually like to live together . If they realize that there exists no love for the other partner then they can always move apart and file for divorce.

For many, there are religious beliefs which hold back a person from getting divorced, under such circumstances separation is certainly a better option than divorce.

Also, divorce is considered to be a bigger hassle than separation.  The process of separation is many times simpler because many couples start living away from each even without moving to the court.

Various kinds of separation

  • When you live away from your partner for a test period which is before divorce. Whatever asset is collected during this period is considered to be owned by both the partners.
  • There is a status called living apart wherein a couple stop living in the same residence. The property built up during this period is considered to be joint by some states whereas some others consider the same to be different.
  • One may think of separating permanently. It could be after a trail separation or even after making a decision of living separately.
  • When a couple gets separated legally then it is known as legal separation. This involves legal way of property division; issues like alimony, child support and custody are raised during this kind of separation.

Separation and divorce, the terms which are used interchangeably, but they have different meanings and effects on lives too. Divorce writes clearly on the wall that the couple is not married and they are two “single individuals” whereas separation still binds them, even though the string could be thin. There is no hope of the two people returning back to each after they get divorced because the decision is loud, clear and ultimate one, whereas, separation is still a ray of hope where things could turn out tube brighter for the couple and the family they have built up over the years.