Introduction
When a couple decides to end their marriage, they are faced with the decision between legal separation and divorce. Understanding the differences between these two options is crucial before making a choice.
What Is Legal Separation?
Legal separation refers to a court-ordered agreement that allows a couple to live separately while remaining legally married. This arrangement encompasses various aspects, including child custody, child support, property division, and spousal support.
How Does Legal Separation Differ From Divorce?
Marriage Status
One fundamental distinction between legal separation and divorce is the couple’s marriage status. In a legal separation, the spouses are still married and cannot remarry. Conversely, divorce terminates the marriage, allowing both parties to enter into new matrimonial relationships.
Divorce Residency Requirements
To file for divorce in South Carolina, it is necessary for at least one spouse to have been a resident of the state for a minimum of one year. In contrast, legal separation does not require any specific residency period. As long as one party currently resides in South Carolina, they are eligible to file for legal separation.
Property Division
Divorce involves the court dividing the marital property between the spouses. However, legal separation does not mandate property division. While legal separation may not include a property division agreement, the court can still issue one if circumstances warrant it.
Health Insurance Coverage
A practical difference between legal separation and divorce lies in health insurance coverage. In the case of legal separation, if one spouse has health insurance that covers their partner, the coverage can continue. However, divorce can lead to the cancellation of health insurance coverage for the non-policy holder.
Taxation
For income tax purposes, legal separation does not alter the tax liabilities of a married couple. Even if legally separated, couples must still file joint or separate tax returns. Conversely, divorced filers are treated as individuals for tax purposes.
Conclusion
Choosing between legal separation and divorce is a significant decision for couples seeking to end their marriage. While these processes have similarities, they diverge considerably in terms of marriage status, residency requirements, property division, health insurance coverage, and taxation. Seeking guidance from a skilled family law attorney is essential, as they can provide valuable assistance in navigating the legal intricacies and specific considerations relevant to each unique situation.