Divorce and separation, while very similar, are two very different acts. Both involve a couple who is unhappy with their marriage. You can think of separation as a “trial” divorce, since separation is not legally binding. This article will explain some of the differences between the two choices and perhaps help you decide what is best for your current situation.
Divorce
Divorce, plain and simple, is the ending of a marriage before death. While divorce is very common in many countries such as the United States, Canada, and South Korea, it is actually banned and illegal in others such as Malta in the EU. I’m going to concentrate on divorce as it stands in the United States. Most jurisdictions in the US require legal action and must be certified in a court of law. There are many different types of divorce including “no fault”, “at-fault”, “summary” and “uncontested”. Most divorces in the United States are “uncontested”, which simply means that both parties have mutually decided on divorce.
Separation
Separation is a step towards divorce. Simply living apart does not mean that a couple is legally separated. In order to be legal, the couple must notify a court to recognize their status and arrangements. When a couple is separated, they are still legally married, and any laws pertaining to married persons such as with the IRS still apply.
A separation does not always end in divorce. Many times couples will separate while they “work things out”. In the end, many couples end up dissolving the separation, in which case they don’t need to do anything to remain married.
So basically, divorce is a legal ending to a marriage, while separation is a trial, where the couple remains legally married.