Legal separation looks a lot like divorce — a court order divides property, sets support, and arranges custody — but you stay legally married. For some couples, that distinction matters; for others, it makes no practical sense. Here's how to decide which fits.
Neither of you can remarry, you're still each other's spouse for things like next-of-kin and (sometimes) health insurance, and you usually file taxes as married.
Property, debt, custody, child support, and spousal support all get decided in a separation case just like in a divorce. The main thing not happening is the dissolution of the marriage itself.
Religious objections to divorce, keeping a spouse on health insurance, military or retirement benefits that require continued marriage, or simply needing time before deciding to fully divorce.
It's almost as expensive as a divorce, doesn't free you to remarry, and can be procedurally messier. In many states you can also just live apart with a written agreement and skip the court process entirely.
Most states let you convert a legal separation into a divorce later, often using the same property and custody terms. Texas does not recognize legal separation; AZ, NV, and NM do.
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NotALawyer.com provides general legal information, not legal advice.