What is legal separation?
A legal separation is a court action between spouses in which property, support, and custody decisions may be made without legally terminating the marriage. Legal separations are governed by ORC Chapter 3105.
How is legal separation different from divorce?
The primary difference between a legal separation and a divorce is that a legal separation doesn’t terminate the marriage and a divorce does terminate the marriage. That difference has important downstream effects such as insurance coverage, tax consequences, etc. Another difference is that a divorce requires six months of residency in Ohio (ORC 3105.03), but a legal separation doesn’t require that period of residency.
Why would someone choose legal separation instead of divorce?
There are several reasons a person may choose legal separation instead of divorce. Here are a few:
- Potential reconciliation. Imagine a person is battling addiction, and that addiction has led to disastrous financial decisions or threats of violence. Their spouse may still love them, but need to protect himself or herself. The spouse could seek a legal separation for financial and physical protection, while leaving the door open for future sobriety and reconciliation.
- Residency. A person may not have the required six months of residency to file for divorce (ORC 3105.03), but they need to establish support and divide property right away.
- Religious reasons. A person may have religious reasons for not terminating their marriage, while also having a need to protect themselves financially or physically. A legal separation could accomplish that.
- Financial considerations. Spouses could be willing to stay legally married, albeit physically and legally separated, in order to maintain insurance coverage or to maintain certain public benefits.