Common Questions About Legal Separation in Illinois

 Posted on May 29, 2025 in Legal Separation

Filing for divorce can be intimidating, as it may feel too abrupt and final for some couples. Legal separation offers a way to experience life after removing such close ties to your spouse without the finality of divorce. Since this concept is not discussed as often, consider some common questions that people have about legal separation and talk to an experienced Illinois legal separation attorney about your options.

How Is a Legal Separation Different From a Divorce in Illinois?

Legal separation and divorce are similar in many ways. Both result in physical and financial separation, but a divorce dissolves the marriage. With a legal separation, you remain legally married, despite separating most other aspects of your lives. Whether you get a divorce or legally separate, you will need to resolve the same issues. For example, if you have children, you must discuss child custody and support. If appropriate, you may need to consider spousal support. Determining whether to get a legal separation or a divorce will depend on your unique situation.

What Are the Benefits of Choosing Legal Separation in Illinois?

The advantages of legal separation can look different for every couple, but some common reasons that people choose it over divorce include:

• You can use it as a "trial run" before taking the larger step to dissolve the marriage.

• You can maintain shared benefits, such as health insurance or military benefits.

• It can be an easier solution for your children.

• It may better suit certain religious beliefs.

• You can avoid the social stigma that concerns many people about divorce.

• Property gained during the separation remains separate if you decide to divorce.

Legal separation is a nuanced process with many elements to consider, including some potential drawbacks. For example, you cannot remarry while legally separated, which can complicate things if you want to start a new relationship. A knowledgeable attorney can help you understand how legal separation may look for you and your family.

What Happens to Property During a Legal Separation?

Property can be divided in a legal separation, but not in the same way that it is enforced during the divorce process. According to Illinois law, the Court can approve or deny a property settlement that you want included in the legal separation agreement. However, if you do not present an agreement, the Court will not value or allocate property for you. Additionally, if the agreement is approved, it cannot be modified.

Does Illinois Law Set a Time Limit for Legal Separation?

Illinois has not established a time limit for legal separation. Once the agreement is finalized by the Court, it can last as long as you want. If you decide to divorce any time after the separation is formalized, either you or your spouse has the right to file for divorce. Often, the divorce process moves much more quickly because you have already covered the main components of separation.

Contact a Barrington, IL Legal Separation Attorney Today

If you have questions about the process of separating, an Inverness, IL legal separation lawyer at The Law Office of Nicholas W. Richardson, P.C. can answer with confidence. We have years of experience helping couples find the most appropriate avenue to start their new stage in life. Call 847.873.6741 to arrange a free consultation today to learn more.