When a marriage is no longer working, one or both spouses may feel that divorce is the only solution. However, before making such a drastic decision, couples may benefit from exploring other options that could possibly save the marriage or provide clarity on whether divorce is truly the best course of action. In some cases, legal separation may be a solution that is preferable to divorce.

What Exactly Is Legal Separation?

In Illinois, legal separation allows couples to live apart while still being legally married, giving a couple the chance to take a step back from their marriage and decide whether they want to continue with the relationship.

During legal separation, couples will address many of the same issues that they would during a divorce. They may divide their assets and debts, address child custody issues, determine whether spousal support (also known as alimony) will be appropriate, and make decisions about any other concerns related to their family and their finances.

Couples who are considering getting a divorce have another option besides permanently dissolving their marriages. For some couples, a divorce is necessary and in their best interests, but for others, a legal separation may be a better solution. Legal separation shares some similarities with divorce, but it has certain differences, as well as some unique benefits.

Legal Separation Basics

In legal separation cases, a couple who is no longer living together has the option to make arrangements for property division and parental responsibilities without actually filing for divorce. The couple will remain legally married, and thus cannot remarry until a formal divorce has been finalized; however, each spouse will be granted certain rights, protections, and privileges when it comes to debts, assets, and children. Additionally, maintenance and child support concerns are typically discussed during legal separation proceedings. Couples may choose to divide marital property during the proceedings, but they can also delay these negotiations until a formal divorce is filed.

Illinois law requires that the couple be living apart to file for legal separation. Either spouse may file, and either spouse may ask the Court for “reasonable support and maintenance” while the pair is living apart. It is important to note that the Court will enter orders for maintenance, child support, and parental responsibilities, if necessary, but the Court will not order the division of marital property in a legal separation. An agreement between the spouses, however, may be approved by the Court.

The build-up that leads to the end of a marriage can be slow and methodical, with each spouse looking for ways to avoid the potential unfortunate outcome. The last step some couples take, before starting formal divorce proceedings, is to separate for a period of time in one final effort to salvage the marriage.

Periods of separation are commonly informal, and spouses mutually and privately decide how living arrangements, child custody and finances will be handled. Additionally, periods of separation will typically lead to either reconciliation or divorce; however, couples do have the option of formalizing their separation with the Courts.

Legal separation may be a mere formality before initiating divorce, or separation could be an in-between arrangement a couple remains in for a significant period of time. Legal separation provides most of the legal mechanisms and benefits offered in divorce, yet this process stops short of dissolving the marriage. Consider the following suggestions as to when couples may want to consider legal separation over divorce, the drawbacks of separation and how Courts handle these petitions.

When systemic problems appear in marriages that threaten their long-term survival, couples will typically try a number of palliative measures to fix these unhealthy issues. Divorce is not an option most go to easily or quickly but often sits as a possible remedy in the background.

Commonly, couples will look to the least disruptive method of resolving unhealthy issues before escalating to alternatives that may affect other family members, especially children. One option that is short of divorce, but allows struggling couples to obtain a formal arrangement to govern certain legalities as they live apart, is legal separation. This legal route differs from divorce because the marriage is not dissolved, but stills permits a Judge to impose legal obligations and property arrangements similar to those decided in divorce cases.

Legal separation requires the filing of a petition with the Family Court, so securing the services of an experienced family law attorney is the best way to ensure the procedure goes smoothly and results in the optimal outcome.

Divorce is an unfortunate fact of life. Couples realize they are no longer compatible and agree to go their separate ways. For some couples, however, whether due to religious, health or financial reasons, divorce is not an option. Yet they are still incompatible and can no longer live together. For these couples, Illinois provides legal separation.

What is Legal Separation?

Legal separation is more than what is commonly referred to as a “trial” separation. In a trial or physical separation, couples live apart while trying to decide if they should get divorced. There is no payment of alimony, no child support or custody agreement, no property division, and the Court is not involved.