The Difference Between Legal Separation And Divorce

Last updated on February 23, 2021

The process of legal separation is the same as that of divorce in Wisconsin. Ultimately, all your assets and debts will be divided. If you have children, the court will issue legal custody, placement and child support orders. In this case, the legal standard for separation is that the marriage is “broken” as opposed to “irretrievably broken,” which is the legal standard for divorce. Someone who is legally separated may not remarry unless he or she convert the legal separation to a divorce.

If you are contemplating a legal separation, talk with the lawyers at Gagne McChrystal De Lorenzo & Burghardt. We can help you better understand your options and how best to proceed.

Why Choose A Separation?

There are numerous reasons why a couple may choose to legally separate rather than going through a divorce. Some might use the time apart to consider reconciliation, while others may have religious reasons for not wanting to dissolve a marriage. Whichever it may be, there are cases in which a legal separation may be advantageous.

Benefits may include:

  • The ability for a spouse to remain on the other’s health insurance. This will depend upon the health insurer.
  • There may be certain tax advantages available. However, you may want to consult with a CPA.
  • Resuming the marriage, should you reconcile, is easier.

We Offer An Alternative Approach

We understand that making the choice to separate from a spouse is not easy. With the support and guidance of our legal team, you can successfully navigate the issues involved. Contact us to see how our services can benefit you. Call our Milwaukee office at 414-273-5551 to arrange a consultation or reach out via email.