Legal Separation: Should You Go For It?

Legal separation or the ‘marital separation’ refers to an agreement that a married couple enters into. The agreement defines how they are going to manage their responsibilities and assets while living apart. While it is not the actual divorce, it is often the first step that the married couple takes when they are deciding to end the marriage.

It is very much similar to divorce. The court order must grant the legal separation before the state can recognize it. The couple may form a contract for legal separation outside the courtroom, but it is not considered to be final until the judge agrees to acknowledge the agreement.

The primary difference between the legal separation and divorce is that it does not terminate the marriage, but the divorce does. The parties to the South Carolina legal separation are not allowed to remarry as they are still considered to be married as per law.

Key Benefits of Legal Separation

The legal separation comes with its own set of advantages and disadvantages. Some of the benefits are:

The couples who hope that they will be eventually able to fix their marital problems but need to spend time living apart to resolve them. Then some couples have religious and ethical reasons to go against divorce. They might not want to live together (even during the waiting period) before the divorce can be finalized.

During the legal separation, one spouse can continue to get the insurance coverage through the other spouse provider. Separation also offers the tax benefits by making the condition of the couple financially stable before the divorce is finally approved.

If the couple has attended marriage counselling, they might have been suggested to go for legal separation. It gives them an opportunity to solver their issues before arriving at the final decision. It may also allow one spouse to qualify for social benefits from other spouses before taking divorce.

Some Disadvantages

Legal separation can be emotionally taxing and complicated as divorce. It is especially true if the couple is not able to reach a compromise on the terms of separation. In some states, the couples who have been legally separated can’t get remarried or enter any new relationship.


Want to go for South Carolina legal separation agreement? You can create in online and sign it in front of witnesses and get it notarized. Discuss it with your attorney if needed.

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