If you are trying to decide between legal separation and divorce, you might be wondering why spouses would choose one over the other. The main difference between the two options is, of course, that you would not be able to legally remarry if you chose to legally separate. You would be able to live separate lives, however, and all the same key issues that are addressed during the divorce process would be addressed during legal separation as well.

Here are some reasons why some spouses might choose legal separation instead of divorce:

  • After being legally separated, a spouse often would be able to still use the benefits of the other spouse’s health care plan, even if it is solely in his or her name. If spouses were to divorce, this would usually end such coverage, though some divorce settlements might allow coverage to continue.
  • For religious reasons, some spouses might not support the idea of a divorce, but would still wish to live apart and move on with their lives, remaining married only on paper out of respect for their religious beliefs.
  • For military spouses, the Uniformed Services Spouse Protection Act provides benefits for those who have been married for at least 10 years. Therefore, a couple might hold off on divorce until the benefits kick in.
  • Additionally, being married for more than 10 years also allows some couples to qualify for certain social security benefits.
  • For spouses who are concerned with taxes, they might want to remain married to avoid having to file separately. Filing joint taxes has some benefits.
  • One of the biggest reasons why spouses might opt for legal separation instead of a divorce, however, is that they are simply not sure about putting an end to the marriage. If you are not ready to completely dissolve your marriage with your spouse and would like to revisit the idea of making it work after spending some time apart, a legal separation would allow you to do that. Therefore, if you spend several months apart and later decide that you would like to continue to work on your relationship, you would be able to pick up the pieces with more ease.

If you are unsure about getting a divorce, discuss these options with your spouse to find out what works best for your situation.


If you are considering a divorce or legal separation or a divorce and you are unsure which path to take, reach out to the team at Weis Law Group for the experienced legal advice you need. Our team will help guide you through the process of legal separation or divorce, depending on your needs and ensure your interests are protected. You do not have to go through this on your own.

Contact our law office today at (614) 732-5566 to request a confidential case review with a member of our team to discuss your case today. We have offices based in Columbus and are committed to serving clients throughout Ohio.