Legal Separation vs. Divorce in Illinois

 Posted on April 14, 2025 in Divorce

When a couple starts to question the future of their relationship, taking action can be scary. Often, people jump straight to divorce without knowing that legal separation is an option. Others simply do not know the difference between the two. Understanding your options is vital to ensuring you make an informed decision, and an experienced Illinois divorce attorney can help.

Legal Differences Between Separation and Divorce

Under a legal separation, you and your spouse can separate your lives very similar to how you would in a divorce. This typically includes dividing assets from the marriage, such as real estate, bank, and retirement accounts; working out support payments just as you would during divorce proceedings; and setting up a child custody arrangement.

The key difference between legal separation and divorce is that there is no dissolution of the marriage. You are not technically divorced and marrying someone else would not be legally possible.

Why People Choose Legal Separation

Despite some limitations, there are several reasons that couples choose legal separation over divorce:

• Financial benefits: Couples on shared insurance plans can sometimes keep their coverage. However, always verify with the company, because some providers apply the same rules to legal separations that they apply to divorce.

• Social Security benefits: The Social Security Administration has a process for identifying a marital relationship, but generally, couples have better control over whether a spouse can start to receive Social Security benefits if they are legally separated.

• Social and cultural considerations: In some cultures, divorce is frowned upon. Legal separation can be a relieving alternative, allowing a couple to protect their values without forcing themselves to stay in an unhappy relationship.

Ultimately, the choice is personal, and everyone has reasons for choosing one over the other. Seeking legal advice and assessing the benefits of each based on your circumstances is important.

Transition From Legal Separation to Divorce

Illinois statute 750 ILCS 5/402(c) states that at any point during a legal separation, either spouse can file for a divorce. Some agreements made during the separation will remain in place unless stricken during the divorce. As life moves on and new developments arise, you may decide separately or together that divorce is a better option. Sometimes, the situation can become more contentious, and divorce may be the only option.

Contact a Chicago, IL Divorce Attorney Today

At The Law Offices of Curtis Bennett Ross, L.L.C., I have over 30 years of experience working with clients in some of the most difficult times in their lives. I understand the value of having an experienced Rolling Meadows, IL legal separation/divorce lawyer to help navigate the challenging parts of splitting up. If you have questions about which option may work best for you or want to get the process started, call 312-984-1514 to schedule your initial consultation.