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Legal Separation

Last updated on March 28, 2025

A legal separation does not end a marriage, but it allows each spouse to live separately, and addresses issues of property and debt division. Individuals who have a religious aversion to divorce or have reached an age where re-marriage is unlikely to consider legal separation because of the advantages it can provide over a divorce. One of these advantages includes being able to stay on a joint health care plan. During the legal separation, both spouses will adhere to a court order that outlines rights and responsibilities and bifurcates assets and debts. This kind of legal agreement can help couples who do not yet wish to divorce but wish to protect their interests until a final decision is made.

Many of the same issues that are addressed in a divorce agreement can be found in a court order for legal separation, including the division of assets and debts, spousal support, child custody or child support, and visitation schedules.

Should the parties reconcile their differences and resume cohabitation, then they restore their marital status and dissolve the separation as well as any obligations of spousal support.

Why Choose Legal Separation Over Divorce?

The family law attorneys at the law firm of Bivek Brubaker & Prescott LLC may recommend legal separation over divorce for the following reasons:

  • Legal separation allows couples to spend time apart and away from the day-to-day conflicts of marriage. This time allows them to decide if divorce is the option that they truly want.
  • A legal separation allows each spouse to retain medical benefits that would not carry over through a divorce.
  • If a couple’s religious beliefs conflict with the concept of divorce, legal separation offers a viable alternative.
  • Military spouses may choose to remain married for up to 10 years so that they can reap the benefits of the Uniformed Services Former Spouse Protection Act.

Contact An Atlanta Family Law Attorney Today

If you or your spouse are considering a legal separation, call the Atlanta family law attorneys of Bivek Brubaker & Prescott LLC at 470-663-9404 to schedule a 30-minute consultation. Our experienced lawyers can help you and your spouse make the right choice for you and your family.