Legal Separation Versus Divorce in Arizona

If you and your partner have agreed to everything discussed in the separation agreement, it can take 60 days after the petition has been filed to become legally separated. However, it could take longer than 60 days to have your status changed if your case goes through litigation.

Litigation occurs if there are still legal issues to resolve, and you would need to hire an attorney to represent you in court. There, they would argue for your case to try to resolve the matters, which can take extra time. Also, if you do not file your paperwork early or if something is inaccurate, this could extend the time it takes to become separated.

Some couples believe ending their marriage is the only way to move forward and live healthier, more fulfilling lives. However, divorce is not the only option, and many of these couples opt instead to separate. Couples may not want to go through a divorce for a wide range of reasons, all of which you should consider before making a decision.

Religious Concerns

Some religious groups forbid divorce, no matter your circumstances. If your religion does not allow you to divorce, you may be allowed to pursue legal separation instead.

Health Insurance/Tax Reasons

You may have access to health insurance benefits while your partner does not, or vice versa. If your partner has medical issues and relies on your insurance, you may agree to separation so they can maintain their benefits. This is in stark contrast to divorce, which requires both spouses to seek their own health coverage. Similarly, separated couples may continue to file taxes and make medical or legal decisions together, while divorced couples do not.

Property Considerations

In a divorce, the property is distributed between the two individuals according to Arizona’s community property laws. During a legal separation, your assets and debts will be kept separate, and a full division of property may not need to take place. Any property you obtain from the date of the separation moving forward will remain separate property. \

Testing the Waters

While legal separation is a legal process in and of itself, it is less expensive than divorce. More importantly, it can be reversed. Many couples choose to use a legal separation as a trial run to decide whether they truly want to pursue divorce.

In some cases, you may be required to financially support your spouse if you are separated, though this isn’t always the case. If your spouse relies on you financially and cannot support themselves, you may be required to pay spousal maintenance, also known as spousal support or alimony. There are other factors, such as how long you’ve been married, that could influence how much you’ll be required to help your partner. It is crucial you have the right paperwork to prove your case if you require alimony, and our team can assist you in this process.

While legal separation could be seen as more advantageous than divorce, this process does not come without some drawbacks. Couples who intend to separate should consider these disadvantages of separation before agreeing to file.

If you’ve met someone else while separated and wish to remarry, you cannot do this unless you are divorced. Legally, you and your spouse are still married, which could be frustrating if one spouse wants to marry someone else. If you wish to remarry, you must go through the divorce process.

Extra Costs

If you do decide to divorce after being legally separated, this could be more expensive compared to divorce without separation. Because you’ll essentially be going through two legal proceedings versus one, costs can begin to rise. Also, the decision could impact your emotional and mental health, as these are challenging and time-consuming processes to complete.

Every couple has their own circumstances and goals, so not every couple will benefit from a separation. However, some couples may feel staying separated could be the more beneficial option.

If there is potential for reconciliation and neither spouse has the desire to remarry, staying separated may be your most optimal choice. You and your spouse may have discussed in the past that you both want time away from each other but may be able to resolve your issues in the future. This can take time, and the process isn’t easy. In fact, many couples attend therapy to work out their issues and determine how to move forward.

Sometimes, you may not feel emotionally ready to divorce. In this case, it is crucial you don’t push yourself toward divorce if you aren’t ready for it. Separation may help couples deal with their emotions and figure out what they want in their lives.

Some couples feel the benefits of legal separation are enough to eliminate the need to file for divorce. However, your circumstances may be different, and divorce may feel like the only way forward. There are a few reasons couples may choose divorce over legal separation, and we’ve outlined a few below.

No Way to Reconcile

Some couples cannot resolve their issues by any means. If legally separating and taking time away from each other isn’t effective, or the couple doesn’t believe this would help, they may file for divorce instead.

Different Financial Concerns

As previously mentioned, some couples who believe they can reconcile in the future may separate so one partner can still receive certain financial benefits. For example, if someone receives health insurance through their work, their partner can stay on their health insurance if they don’t have adequate coverage.

Conversely, if a couple can support themselves individually, they may not consider separation when they believe they’ll only divorce later on. If you cannot repair your marriage and finances aren’t a concern, divorce may be your best option. There are strategies you can use to prevent your divorce from wrecking your finances.

You Can Remarry

If you choose legal separation, you cannot remarry, as you’ll still be considered married to your partner. However, if you wish to remarry, you must be legally divorced. Divorce fully dissolves your marriage, and both partners may remarry if they wish.

While a legal separation can be ended with a simple court motion, a divorce is permanent. If you complete a divorce and wish you had remained married, it is important to know that divorce decrees are extremely difficult to appeal. In most cases, you’ll need to remarry.

While Arizona may not have required you to pay child support if you remained in the same household, divorce and living in separate households will make a reevaluation necessary. During divorce, the court will use the state-approved calculator to determine which party is entitled to child support and how much. The final decision will be made before the divorce decree is issued.