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Difference between Separation and Divorce

Difference between Separation and Divorce

Separation vs. Divorce

What is Difference between Separation and Divorce? Very often we use the terms “divorce” and “separation” indistinctly, assuming that they mean the same thing; however, in order to avoid confusion it is good to be clear that these are different things and that a separation does not always involve divorce or vice versa.

Difference between Separation and Divorce

There are contexts in which it is very important that terms are used correctly, such as in courts; so do not stay with the doubts and continue reading, because then we explain to you what is the difference between separation and divorce.


The word “separation” when applied in the context of couple relationships refers to the fact of living apart from one another. In this case does not involve cuts or other legal matters, since it is not necessary to sign anything to separate from someone; however, if the couple is legally married and one of the members decides to separate (although not divorce), that member may lose some of their legal spouse rights .

In addition to the type of separation mentioned above, there is also in some states or places what is known as “legal separation”; which is somewhat more serious than a mere separation, but does not become as “radical” as divorce. In this case, a petition is made to the court and a different legal status is obtained.

A legal separation usually costs the same as a divorce and takes the same amount of time, so many decide to skip this step and go directly for divorce.


On the other hand, divorce is the complete dissolution of marriage or marital status. In order to divorce, it is necessary to go to court and, in general, it is a process that takes a certain amount of time, since everything is clearly determined: the distribution of property, the maintenance of children, the renaming of wife. Once the couple divorces, they often separate (although there are rare cases in which they continue to live together) and no longer share their social insurance or other benefits.

Finally, anyone who is considering separation or divorce from their partner does well to first consult with someone qualified in those matters, in order to know what is best for them at the legal level. In addition, consulting with qualified personnel can be useful to understand what each process entails, the benefits and problems of the same.

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