What’s the difference between legal separation and divorce in Washington?

What’s the difference between legal separation and divorce in Washington?

If you’ve been having relationship problems in your marriage, you’re not alone. Thousands of Washington couples have experienced similar issues. While no two people resolve their problems in the same way, many have determined that it would be better to go their separate ways than remain in an unhappy marriage, so they either file for divorce or become legally separated.

If you have previously thought that these two legal processes are the same, you are, once again, not alone; however, there are differences between them. In both cases, you and your current spouse would no longer be living daily life together side-by-side in the same household. Before taking legal action, though, it’s important to determine whether legal separation or divorce best fits your needs.

Washington considers legally separated couples next of kin

In some states, including Washington, if you obtain a legal separation (as opposed to a divorce), then you are still considered “next of kin” to your spouse. This means that the two of you can make medical or legal decisions on each other’s behalf unless you have specifically waived the ability to do so in your separation agreement.

If the state considers you “next of kin” and your former partner dies without executing a last will and testament, you would likely be the primary beneficiary of his or her assets. On the contrary, neither situation would be in effect if you were to finalize a divorce.

You can both receive coverage under the same insurance

Another difference between legal separation and divorce has to do with insurance. If you are involved in a legal separation, you can both receive coverage under the same insurance policy. In a divorce, if both spouses were on the same plan prior to the dissolution of their marriage, one of them would lose coverage.

Why choose legal separation over divorce or vice versa?

Perhaps you and your spouse know that you both feel unable to continue your marital relationship currently but aren’t sure whether you want the split to be permanent. This is one of the most common reasons a couple would choose legal separation over divorce. A separation “leaves the door open” for getting back together and restoring your marriage down the line if you so choose.

If you divorce, there are no rules preventing you from getting back together. However, you would have to get married again. You might also opt for separation for financial reasons, such as tax implications or property ownership. Some states require a couple to legally separate for a time before finalizing a divorce. Make sure you seek clarification of Washington laws before you determine which option will work best in your case.