What is the difference between a divorce and a legal separation?

pk2at · 2023-06-21T00:34:06+00:00

There is mostly nonsense on the internet that divorce and legal separation address the same issues but you cannot marry someone else after a legal separation. In reality a legal separation is the best available post-nup that every married man should sign soon after marriage

Read below:

A legal separation is for married couples who want to be “separated” in some fashion (i.e financially) but otherwise want to live happily together, this is exactly similar to what one wants to achieve with a pre or a post nup, i.e. financial protection from getting hosed during divorce (97% of men lose money during divorce and 95% of women made money from a divorce).
There are several disadvantages of a pre and post nups
Children and child support cannot be negotiated in a prenup, legal separation can address them
Courts can invalidate prenups if one partner makes substantially more than the other, not with legal separation
Courts can invalidate a prenup if one partner becomes destitute, not likely with legal separation
Both pre and post nups need full disclosure of financial assets, not so with legal separation, you can mutually waive your rights
Courts can invalidate a prenup if one party says they did not understand the terms, never with legal separation
Legal separation dissolves 'marital community', the prenup does not and spouses still need to make financial decisions in good faith
Legal separation (which is permanent and allows spouses to co-habit without conditions) is not valid in all US states. Where this option is available it is vastly superior to a prenup or postnup

Gattsama · 2023-06-21T02:30:20+00:00

Need to check the laws in your state. In WA state separation starts a 90d clock needed for divorce, can allow for a temporary financial restraining order to prevent sale of assets or creating new debt, and allow for legal / court approved parenting plans. But ultimately it keeps all the marriage issues / problems alive. In some stares, legal separation doesn't even exist.

Talk to a local attorney about what's best for you based on your state laws.

Title	What is the difference between a divorce and a legal separation?
Author	pissed_off_elbonian
Upvotes	3
Comments	2
Date	June 21, 2023 12:15 AM UTC (3 years ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/14es1ha/what_is_the_difference_between_a_divorce_and_a/
Archive Link	https://theredarchive.com/r/Divorce_Men/what-is-the-difference-between-a-divorce-and-a.1223055 https://theredarchive.com/post/1223055

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