There is a very thin line of difference between Legal Separation and Divorce. But if you look into the minutiae, it is vast. A legal Separation is when the couple is unsure about terminating the marriage; they will still be husband and wife but living separately whereas a divorce is the final phase of dissolution of marriage. Judicial Separation in India is more common as people tend to fear the norms and values enforced by the society.
Under both circumstances the law enforces certain decrees such as
- Child Custody,
- Alimony (support of the spouse)
- Visitation
- Division of the property etc.
The matter will be handled and preceded by a divorce attorney and hence you will be guided with the pros and cons of Legal Separation and Divorce. After a period of time, if the couple eventually resolves for a divorce, they can proceed for the same while the provisions of legal separation will serve as basis of the divorce. The grounds of legal separation is same as that of a divorce such as
- Adultery
- Cruelty
- Desertion
- Insanity
- Apostasy
- Leprosy
- Infectious Diseases etc
So, why Legal Separation and not Divorce when every aspect of the marriage is being split and discussed?
Judicially, a legally separated couple adheres to more benefits than a divorced couple. They are;
- It acts as a decider. The couple will be legally married but living with enough space and time to reconsider; therefore it will be easier to revoke the separation if they choose to.
- They are entitled to access joint accounts (if any), savings, credit accounts and other joint financial credits.
- Couples will be eligible for government benefits of the each other such as social securities.
- They may also enjoy tax benefits such as claiming tax deductions if one spouse continues to support the other.
- Also, couples will still be eligible in getting covered in each other’s medical insurance policy.
The above benefits will be forfeited once a legal divorce proceeding is carried forward.
