Legal Separation Vs. Divorce In Illinois: Key Differences And Considerations

Words By Michone J. Riewer / Photography By Katrina Wittkamp / Styling By Theresa Demaria

Although both Divorce and Legal Separation are governed by the Illinois Marriage and Dissolution of Marriage Act, they are not the same. In Illinois, couples facing marital difficulties have the option of pursuing either a legal separation or a divorce. While both processes involve a formal legal proceeding, they serve different purposes and have distinct legal implications. Understanding these differences can help couples make informed decisions about the best course of action for their specific circumstances.

Legal Separation allows couples to live apart and obtain enforceable court orders that control their interactions regarding child custody, child support, spousal maintenance, and the division of property without formally ending the marriage. The court can issue orders similar to those in a divorce proceeding, but the marriage itself remains legally intact.

Benefits Of Legal Separation:

1. Religious Beliefs: For couples whose religious beliefs prohibit divorce, legal separation provides an alternative that allows them to live apart without violating their faith.
2. Health Insurance: Legal separation allows spouses to remain on each other’s health insurance plans, which can be a significant financial consideration.
3. Reconciliation: Couples who are uncertain about ending their marriage may choose legal separation to allow them to step back and reconsider their marriage without ending it.

Divorce: An Overview

Divorce, also known as dissolution of marriage, allows couples to legally end their marriage and enter final orders that resolve child custody, child support, spousal maintenance and the division of property. Divorce allows both parties to remarry.

In both legal situations, the court makes determinations based on the best interests of the children, the statutory factors as they relate to support and principles of equitable property distribution.

Benefits Of Divorce:

1. Finality: Divorce provides a final legal resolution, allowing both parties to move on and possibly remarry.
2. Financial Independence: Divorce legally separates financial responsibilities, allowing each party to manage their assets and debts independently.
3. Closure: For many, divorce offers emotional closure and the ability to start anew without legal ties to their former spouse.

Key Differences Between Legal Separation And Divorce

1. Marital Status: The most significant difference is that legal separation does not end the marriage, whereas divorce does. Legally separated spouses remain married and cannot remarry, while divorced individuals are free to remarry.
2. Property And Debt Division: In both legal separation and divorce, the court can divide marital property and debts. However, in a legal separation, the division is not necessarily final. If the couple later decides to divorce, the court may revisit the property division.
3. Health Insurance And Benefits: Legally separated spouses can often retain health insurance and other benefits through their spouse’s employment, whereas divorced spouses typically lose these benefits.
4. Decision-Making And Support Orders: Both processes can include orders for child custody, support, and spousal maintenance. However, in a legal separation, these orders are temporary and can be modified if the couple decides to reconcile or proceed with a divorce.

Which Is Better?

The choice between legal separation and divorce depends on individual circumstances and goals. Legal separation may be better for couples who wish to live apart without ending their marriage due to religious beliefs, financial considerations, or health insurance. On the other hand, divorce may be the better option for those seeking finality, financial independence, a final settlement or the ability to remarry.

Couples facing marital difficulties should consider consulting with a family law attorney to explore their options and understand the legal and financial implications of both legal separation and divorce. Strategic Divorce can provide personalized advice based on the specifics of each case. We help individuals make informed decisions that align with their needs and goals.

For more information, visit strategicdivorce.com/attorney- profile/Michone-J-Riewer-ESQ.