Legal Separation in Colorado

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Alternative to Divorce

A question that we are often asked is, “What is the difference between a dissolution of marriage and a legal separation?”

The most significant difference between a divorce and a legal separation is that in a legal separation, neither party can get remarried.

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Some people choose a legal separation instead of a divorce for religious reasons. Other differences include rules regarding inheritances, retirement benefits, insurance benefits and social security benefits. In some cases, a legally separated couple can maintain these benefits, which is not possible after a divorce.

Some people prefer to proceed with a legal separation when their marriage relationship is in trouble, but they are not emotionally ready to divorce.

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In a legal separation, you will divide your property and you will no longer accumulate marital property, just as you would in a divorce. You will also determine all other financial rights (such as alimony/maintenance and child support) the same way you would in a divorce. In a legal separation, you will also resolve the issues as to how you will continue to parent your children. But, when you obtain a legal separation, you are still married.

Occasionally, couples who are already legally separated will decide to take the next step and become officially divorced so one of the parties can become remarried. A decree of legal separation can be converted into a decree of dissolution.