How Is Legal Separation Different From Divorce in Illinois?

 Posted on May 05, 2025 in Divorce

Sometimes, even when you know that it is time to separate, divorce can feel like a heavy leap that you may not be ready to take. Fortunately, legal separation is another viable option with many of the benefits of divorce but without the finality of it. Consider the difference between the two and how a Rolling Meadows, IL legal separation attorney may be able to help you move through the process more efficiently.

What Is a Legal Separation Under Illinois Law?

According to Illinois law, legal separation is a court order that officially recognizes two spouses as living financially and physically separate from one another. It is similar to divorce in many ways, but ultimately, you and your spouse will not be able to remarry under a legal separation. However, you can later choose to transition your separation into a divorce.

What Are the Key Differences Between Legal Separation and Divorce?

Both legal separation and divorce entail key processes like property division, parental responsibilities, and spousal support. You can divide assets and debts in a legally binding way and establish the allocation of parental responsibilities, formerly known as custody and visitation, just as you would with a divorce. However, with a legal separation, you must both consent to property division. With a divorce, the court can order the equitable distribution of property when you cannot agree on your own.

As with divorce, the allocation of parental responsibilities during a legal separation will be based on the child’s best interests. This process can be complicated, but an experienced family law attorney can help you understand custody arrangements under Illinois law.

When Is a Legal Separation Better Than a Divorce in Illinois?

Every situation is different, but there are some common reasons that couples may choose legal separation over formal divorce. Some of those reasons include:

• The financial impact: Divorce impacts taxes, social security benefits, and health insurance for most couples. Many couples who choose an amicable legal separation will do so to protect those financial benefits.

• Religious implications: Sometimes, ideological beliefs can make divorce an unfavorable option. Those couples may choose legal separation as a way to dissolve the relationship without disregarding their religious beliefs and as a means to avoid social stigma.

• Trial run: Sometimes, couples just want to be sure that ending their relationship is the right choice without the extreme of divorce. Legal separation allows perspective before taking the final leap.

Choosing between separation and divorce is personal, and understanding both options ensures you make an informed decision.

Contact a Rolling Meadows, IL Legal Separation Attorney For a Free Consultation

Thinking about legal separation or divorce can be overwhelming and that is why we are here to help. When you call the Law Offices of Donald J. Cosley, you will speak directly to an Arlington Heights, IL divorce lawyer who will hold your hand and guide you through the process, ensuring you are comfortable with your decision and protecting your rights every step of the way. Call 847-253-3100 to schedule a free consultation today and bring all the questions you have to the table.