It’s important to note the difference between legal separation and separation. Legal separation occurs when one or both of the parties has petitioned the Court for a legal separation, whereas separation typically means you are no longer living together and have no intention of getting back together. If the Court is not petitioned, then the parties are simply just separated, but no paperwork has been filed with the Court. There is great importance of filing for a legal separation as opposed to simply separating. With legal separation, the Court and the parties will be able to set a formalized order regarding the stipulations and arrangements of your separation. Without this order or agreement, there is truly no guidance regarding how each party should act and their respective obligations.

Some reasons why parties tend to legally separate rather than divorce include, but are not limited to:

Moral or religious reasons;
To maintain health insurance benefits;
Tax benefit;
Possibility of reconciliation; &
Neither party has reached the jurisdictional requirement for filing divorce.