Legal Separation vs. Divorce in Illinois
While both legal separation and divorce signify the formal ending of a marital cohabitation, they represent distinct legal paths with contrasting implications. Understanding the key differences between legal separation in Illinois and divorce can empower couples to make informed decisions for their future.
Maintaining the Legal Bond: Legal Separation:
Legal separation, as opposed to divorce, acts as a formal pause in a marriage. A court order establishes separate residences and outlines financial responsibilities, including child support, spousal maintenance (alimony), and division of debts. While physically separate, spouses remain legally married. This status carries certain implications:
- No Remarriage: Neither spouse can remarry while legally separated.
- Inheritance Rights: Spouses may still inherit from each other unless a will specifies otherwise.
- Tax Benefits: Certain tax filing benefits associated with married couples may still be applicable.
- Health Insurance Coverage: A spouse may still be eligible to remain on the other spouse’s health insurance plan.
Reasons for Legal Separation:
Couples in Illinois might opt for legal separation for various reasons:
- Trial Separation: Seeking a period of physical separation can provide clarity about long-term marital viability.
- Religious Considerations: Some religious beliefs might restrict divorce but allow for separation.
- Financial Considerations: Maintaining married status might be beneficial for specific financial reasons, such as Social Security benefits.
- Reconciliation Potential: Leaving the door open for potential reconciliation while establishing clear financial boundaries.
Legal Separation is not often used compared to divorce and many government and business organizations are treating it the equivalent of a legal divorce, but it is still an option in Illinois.