Legal separation can be a smart and practical choice for some couples in California who are facing difficulties in their marriage but who are also not ready to divorce. While this formalized process shares many similarities with divorce—including court orders potentially regarding child custody, spousal support and property division—legal separation allows spouses to remain legally married.
This option provides spouses with the benefits of legal structure and protection while giving couples time and space to decide what’s best for their future.
Common reasons for embracing this approach
One common reason that many people choose legal separation over divorce is personal or religious beliefs. Some individuals or families have moral or spiritual objections to divorce, and legal separation provides an alternative that respects those values while still addressing important legal and financial concerns.
Health insurance is another major consideration. In some cases, legal separation allows one spouse to remain on the other’s health insurance plan. Since a divorce typically ends spousal coverage, legal separation can be a useful option when continued access to medical benefits is necessary, especially if one spouse is unemployed or facing health challenges.
Legal separation can also serve as a trial run for divorce. It allows both parties to live separately under court-ordered arrangements for finances, parenting, and property, which can help determine if a permanent split is the right choice. For some couples, the time apart provides clarity and may even lead to reconciliation. For others, it confirms that divorce is the appropriate next step—and having a legal separation already in place can make that transition smoother.
Financial reasons can also influence this decision. Some spouses may prefer to stay legally married for tax purposes, pension eligibility or to meet the requirements for long-term spousal benefits. In these cases, legal separation allows them to protect their interests while still living independently.
Important procedural concerns
It’s important to note that legal separation in California requires filing a petition with the court, just like a divorce. Additionally, since the marriage remains legally intact, neither spouse can remarry unless they later finalize a divorce.
Whether you and your spouse need time, flexibility or specific legal protections while you make your next moves, legal separation may be a wise path forward, depending on your unique needs, priorities and circumstances.
