Skip Navigation

Click to Schedule your 20-minute consultation without charge or Call us now.

+1 (303) 465-4605
Close Btn

How legal separation differs from divorce

by Tanis McGonegal Family Law
Aug 1, 2017

On behalf of Cooper & Tanis, P.C. posted in divorce on Monday, July 31, 2017.

People in Colorado who are considering a legal separation may wonder about the laws and how this arrangement differs from a divorce. While they can be permanent, legal separations are often temporary until the couple decides whether or not to end their marriage.

A legal separation has several elements that are similar to divorce. Primarily, there may be maintenance payments, which operate much like child and spousal support payments. If the couple goes on to get a divorce, the amounts awarded as separation maintenance may influence the ultimate decision around child support and alimony. The situation may be similar in regards to child custody and visitation decisions as well.

In a temporary separation, property division is usually not an issue. Debts and assets acquired during this time might still be considered marital property. If the separation is permanent, debts and assets acquired after the legal separation usually will not be considered marital property. There may be an exception if a debt is acquired for something that benefits the family such as child care.

Whether a person is considering a legal separation or divorce, speaking to an attorney might be the first step. This may give a client a sense of how the process might proceed in relation to factors such as child custody and property division. The client may have the option to negotiate these decisions with the spouse. If the couple is experiencing a great deal of conflict, it might still be possible to reach an agreement through mediation. However, if one spouse refuses to cooperate, litigation may be necessary.

Convenient Offices in:

location Banner

Broomfield (Interlocken), CO  80021

11001 West 120th Avenue Suite 400

location Banner

Boulder, CO 80301

4845 Pearl East Circle Suite 101

location Banner

Louisville, CO 80027

357 S. McCaslin Blvd., Suite 200

location Banner

Longmont, CO 80501

1079 S. Hover Street, Suite 200

location Banner

Lakewood, CO 80226

355 S. Teller Street #200

location Banner

Cherry Creek Denver, CO 80246

501 S. Cherry Street 11th Floor

location Banner

Northglenn, CO 80233

11990 Grant St., Suite 550

location Banner

Downtown Denver, CO 80203

1580 N. Logan Street, 6th Floor Suite #600

location Banner

DTC Greenwood Village, CO 80111

7350 E. Progress Place Suite 100

location Banner

Fort Collins, CO 80528

2580 East Harmony Road Suite 201

location Banner

Golden, CO 80401

14143 Denver West Parkway Suite 100

location Banner

Southlands Aurora, CO 80016

6105 S. Main Street Suite 200

Need help with your case?

Don’t navigate your family law case alone. We are here to provide you with the legal advocacy and compassionate support you need. Contact us today to schedule a consultation tailored to your unique circumstances.