In Washington state, divorce is not the only way to get distance from your spouse. Legal separation is an option for couples who want to live separately for a while before trying to reconcile, have religious beliefs that prohibit divorce, or aren’t ready to end the marriage.
Both legal separation and divorce can make sense for couples who don’t want to share their lives or finances anymore. We explain the differences between these legal options below.
What Divorce Means
You probably have a sense of what divorce means. From a legal perspective, it permanently dissolves the marriage so that the former spouses can live separately as individuals. You and your former spouse split up your marital property and debt, sever all legal ties, and develop a parenting plan for any children you have together.
Washington state is a “no-fault” divorce state. That means adultery and other causes for the failure of the marriage do not affect decisions regarding custody, child support, or alimony. This state is also a 50/50 divorce state, which means nearly all property and debt acquired during the marriage will be divided between the divorcing spouses.
What Legal Separation Means
In Washington state, legal separation gives you just about everything a divorce does except for actually ending the marriage. You are still married to your partner in name, and your church or religious organization may still consider you married.
Like divorce, legal separation allows you to split up community property acquired during the marriage, arrange a parenting plan and support for any children you have together, arrange spousal support, and gain physical and emotional distance from your spouse. You have a formal agreement with your spouse that allows you to live separately. The main difference is that you remain legally married.
Legal separation should not be confused with annulment. An annulment completely ends the marriage by declaring it invalid under the law. It is only an option in a few highly specific situations, such as marriages that took place when a spouse was underage or under duress to consent to the marriage.
A Quick Note About Health Insurance
A legally separated couple can sometimes stay on each other’s health insurance. For that reason, if one partner relies on the other’s health insurance coverage, legal separation might make more sense than divorce.
However, not every health insurance policy covers legally separated spouses. It’s best to check this with your plan administrator and ask about COBRA options.
Myths About Legal Separation
Myth: Legal separation is just like divorce, so there’s not much point to it.
Fact: While legal separation is similar to divorce, it doesn’t actually end the marriage. You are still married to your partner, at least in name, and you cannot remarry unless you later pursue a divorce first. Depending on your insurance policy, you may be able to continue sharing health insurance with your spouse while legally separated.
Some couples view legal separation as an opportunity to get some breathing space before deciding whether to get a divorce. For others, it’s a chance to stay married according to the beliefs of their religious community or preserve a better chance of reconciliation in the future.
Myth: All you need to do to get a legal separation is move out.
Fact: Moving out of the home where your spouse lives only makes you informally separated, not legally separated. Legal separation requires some court paperwork.
Myth: Legally separated spouses can’t live together anymore.
Fact: You are not required to live under a different roof from your legally separated spouse. Some people use legal separation as a chance to get some physical and emotional distance, then end up moving back in together and later reconcile their marriage. Others choose to live together with their legally separated spouse for financial reasons or to make it easier to raise children together.
Myth: Legal separation always leads to divorce.
Fact: While many couples that legally separate eventually get divorced, others do not. Some remain legally separated permanently, while others ultimately decide to reconcile the marriage. Separation still allows you a chance to continue working on your marriage.
Myth: No one needs a lawyer for legal separation.
Fact: Since legal separation involves many of the same potentially contentious issues as divorce, it often makes sense to hire a family law attorney. You will still need to divide up assets and debts, make plans for any children you have together, and figure out your living arrangements. A lawyer can advise you about your rights and what you should fight for during the separation process.
Need Advice on Legal Separation vs. Divorce?
The Anderson Hunter Law Firm has been helping individuals in the Snohomish County area since 1893. Our experienced lawyers can advise you on choosing between legal separation and divorce, child custody, child support, spousal maintenance, dividing assets, and other legal matters related to separating from your spouse. Our staff also includes trained mediators who can help you through formal sessions leading to a legal agreement.
Contact us today for legal help with your divorce or legal separation.