Legal Separation

Legal separation in California is an alternative to divorce that allows couples to achieve some of the same results, such as dividing property and determining child custody and support, allowing you to live separately from your spouse, but remaining legally married. This may be an important distinction for you if your religion prohibits or your personal beliefs rule out divorce as an option, or if you and your partner want to retain some of the benefits of marriage: remaining on the other’s health insurance, tax benefits, or receiving government benefits (e.g., Social Security). Another reason you may elect a legal separation over divorce is if you have not met the residency requirement to file for divorce and you do not want to wait. If you elect a legal separation and later decide that you want to permanently end your marriage with a divorce, you can do that.