When couples in Kentucky decide their marriage is no longer working, they often consider divorce as their only legal option. However, Kentucky law also allows for legal separation, which can be a meaningful alternative depending on personal, religious or financial circumstances.
If you and your spouse are struggling, understanding the differences between legal separation and divorce can help you make an informed choice about your future.
Key similarities and differences
Legal separation does not end a marriage. Instead, it is a court-recognized arrangement wherein spouses live apart while remaining legally married. Couples who pursue legal separation file a petition with the court, just as they would in a divorce. The court then issues orders regarding child custody, parenting time, child support, spousal maintenance and division of property and debts. These orders are enforceable, and the couple must abide by them while separated.
One primary reason some couples choose legal separation is religious belief. For individuals whose faith prohibits or discourages divorce, legal separation allows them to live apart with financial and custodial arrangements in place without formally ending the marriage. Others may choose separation for health insurance reasons, as some employer-based plans allow coverage for a separated spouse but terminate coverage upon divorce. It is essential to check your plan’s rules before relying on this benefit.
Legal separation also allows spouses to remain married for the purpose of tax filing, military benefits or pension eligibility. It can also provide space for couples to decide whether reconciliation is possible, as Kentucky requires a 60-day separation before a divorce can be finalized if there are children involved.
Divorce, by contrast, legally ends a marriage. Once a divorce decree is issued, both individuals are free to remarry. Divorce permanently divides marital assets and debts and may include orders for custody, support and maintenance, similar to legal separation. However, because the marriage is dissolved, benefits like inheritance rights, health insurance coverage and spousal decision-making authority in medical emergencies are also terminated unless otherwise arranged.
It is important to note that legal separation does not automatically convert into a divorce. Couples who decide they want to proceed from separation to divorce must file a separate divorce petition after a specific period of time from the legal separation judgment. The court can then convert the legal separation into a divorce decree.
If you and your spouse need to go your separate ways – temporarily or permanently – contact The Law Office of Marvin Knorr & Associates to learn about how we can help. We look forward to hearing from you.