You’ve probably heard of legal separation before. How is it actually different than divorce? They’re meant to work for different situations, depending on the context of each couple. Here are a few reasons someone might get legally separated, along with differences in the process and effects. It will help you better understand the differences between divorce and legal separation in Wisconsin.

Two Big Reasons to Get Separated: Religion & Health Insurance.

The first reason many people choose legal separation is health insurance coverage. When a spouse providing both spouses insurance dies or gets divorced, insurers classify this a “Qualifying Event.” This means they can stop providing coverage to the divorced spouse. While a 1985 law allows some ex-spouses to request continued coverage, they are required to pay the entire premium and a 2% administration fee, making the cost too high for most. Legal separation might help, depending on your workplace. Many employers do not consider legal separation a “Qualifying Event,” and will continue to cover a spouse even if legally separated from the employee. Others use a hybrid system, and will continue to provide insurance for 6 months to 1 year before cutting off coverage. Some other companies treat it the same as divorce. The best way to know for certain is to send a request to your company’s HR department inquiring whether they consider legal separation a “Qualifying Event” for terminating health insurance for an employee’s spouse. The second big reason people get divorced is for religious purposes. Many faiths low down on divorce for spiritual reasons. Legal separation provides a means to live apart, without having to get a full, formal divorce. In a case like this, the Court can still help the parties divide property, arrange child custody, and figure out other aspects of their separation.

Divorcees Can Remarry, Legally Separated Spouses Cannot.

The second big difference between divorce and legal separation regards remarriage. Following divorce, individuals must wait 6 months, at which point they can re-marry anyone. However, individuals who are legally separated cannot remarry until they get a full, formal divorce. Legal separation for most people does not last forever. It’s a transitory period during which the couple can try to patch things up, or decide their relationship is not meant to be. Other couples use legal separation to give one spouse time to find new insurance and financial benefits through employment or the online marketplace.

Different “Grounds” to Prove for Divorce & Legal Separation.

The “grounds” are the conditions you must prove exist to have a divorce or legal separation approved by the Court. For legal separation, spouses must testify that the marriage is “broken.” However, in divorce, at least one of the spouses must testify that the marriage is “irretrievably broken.” Thus, if one spouse believes the marriage is broken but salvageable, while the other believes it is done for good, they would only be able to divorce.

The Differences Between Divorce & Legal Separation.

In review, divorce and legal separation differ in a few different ways. First, people get legally separated instead of divorce usually for health insurance or religious reasons, or to see if the relationship can be salvaged. Second, divorcees can get re-married after six months, while those legally separated cannot. Lastly, divorce means the marriage is “irretrievably broken”, and legal separation says it is just “broken.” Regardless of whether you pursue divorce or legal separation, mediation can help you reach a better outcome. Learn more about divorce mediation and how it can help you, here.