The Difference Between a Legal Separation and a Divorce

difference between a legal separation mckinney & whole collin county, txWith more than 50% of all marriages in the United States ending in separation, most people will be impacted by this unfortunate situation at some point in their lives. Contrary to popular belief, divorce isn’t the only road to take when considering a split. If you’re unsure whether a legal separation or divorce is right for you and your family, here’s some more information that might help make the decision a little easier.

A Legal Separation

A legal separation is exactly what it sounds like: a situation where a couple is separated based on the terms of a court order. Many couples elect to enter into a legal separation because the separation will clearly define such issues as child custody, child support, and the division of property, rather than leaving these issues as a vague informal agreement between the two parties. Though not as common as divorces, legal separations are mostly elected by couples who are planning to separate permanently but want to remain married for a variety of reasons, including religious beliefs or tax benefits.


Much more common than a legal separation, divorce provides just about all of the same benefits as a legal separation along with a formal end to the marriage between two people. While those who are divorced can go on living as single individuals, a couple that is legally separated must still present themselves as married on tax documents. Issues like child custody, child support, and the division of property are defined as part of the divorce settlement filed in court.

How to Choose: Legal Separation vs. Divorce

There is no blueprint as to whether a legal separation or divorce will be right for you or your family. If you’re unsure which way to go or how to get started with a separation, the skilled counselors at Lucé Evans Law are ready to help. Visit our contact page now, or call (972) 346-5170 for more information.

Also published on Medium.