Legal separation has some of the same practical consequences as divorce. Spouses can separate their property and financial obligations. They can live separately without claims of abandonment. They can avoid responsibility for one another’s debts, all without technically ending the marital relationship.
Some people think of legal separation as an alternative to divorce, while others might view it as part of the divorce process. Is it technically necessary to legally separate from a spouse before or during divorce proceedings?
Legal separation is not mandatory
Contrary to what people sometimes believe, legal separation is not necessary during a California divorce. It is often an alternative to official divorce proceedings or a precursor to a much later divorce.
In scenarios where spouses have decided to live separately or where there are concerns about financial responsibility for a partner’s debts, possibly related to substance abuse or gambling, filing the paperwork necessary for a legal separation can be a helpful step.
Legal separation is a no-fault process that requires a claim of irreconcilable differences or the mental incapacity of one’s spouse. In qualifying circumstances, spouses can live separately without actually divorcing.
Spouses must address the same issues in legal separation as they do during divorce, including property division, parental responsibilities and financial support. Some people do eventually upgrade a previous separation to a legal divorce.
Couples can choose to legally separate before divorcing, or they can choose to file for divorce instead. Reviewing the reason for the legal separation or the reason that spouses want to avoid divorce, such as continued access to health insurance, can make it easier for people to decide whether legal separation is a necessary step for them.