For some people, the thought of getting divorced is far too stressful on the family, so they choose not to jump into it right away. It is not uncommon for couples to remain separated for many years by choice. Legal separation is chosen over divorce for religious reasons, to maintain health coverage for a spouse, or to qualify for the Social Security death benefit.
There is still quite a bit of confusion about legal separation vs. divorce in Colorado. Are you wondering which way to go? Here are some of the key facts that differentiate separation and divorce:
Getting legally separated in Colorado can be an alternative to annulment or divorce because it satisfies all of the legal aspects of a divorce without dissolving the marriage. These include child support, property division, and spousal maintenance. However, while legally separated, they can still be eligible for family health insurance, pensions, Social Security, and military benefits.
For individuals who want to remarry, legal separation will not work. Since the parties are still legally married, neither of them will be allowed to remarry.
Legal separation in Colorado is not a simpler option than divorce, since it requires all of the same decisions to be made about custody, child support, and division of property. However, it is a lot faster to execute than a divorce because there is no 90-day statutory waiting period with a legal separation.
When considering legal separation versus divorce in Colorado, remember that the same terms used in your separation agreement can be transferred over to a divorce decree. The only requirement is a six-month waiting period between the time of separation and the issuance of a divorce decree.