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The main difference between obtaining a legal separation and obtaining a divorce is that in a legal separation you do not ask the court to terminate your marital status. In this situation, you still must go through the same process as parties undergoing a divorce, such as dividing marital assets and debts.
In California, the court determines the spouses rights and responsibilities entailed in a legal separation agreement. Legally, couples will be allowed to live separately with two other primary benefits: Separation of finances. Managing the custody and support of any children.
The general rule in California is that a spouse ceases to be responsible for any debts incurred by the other spouse once they have separated. However, this rule has an exception, and the exception depends upon when the debt was incurred and what the debt was for.
Easier And Faster In many cases, a legal separation is much easier and quicker than going through a divorce proceeding. In California, there is a waiting period of six months before the divorce can be finalized. The decision is made almost immediately by a judge when a legal separation is chosen.
Non-probate assets creditors can claim Because California is a community property state (in which property acquired during a marriage is presumed to be co-owned by both spouses), a widow or widower are held responsible for the debts on assets they co-owned with their spouse.
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The pros of legal separation include the following: Remain married. Live separately and apart from your spouse. Gives you time to determine if you want to get divorced. Allows you to stay married for personal reasons, including religious beliefs, concerns over health insurance, and more.
Also, in a community property state such as California, a spouse can have debts from other creditors, and those creditors may be entitled to place a lien on a property you own jointly with your spouse as a means of satisfying the debt.
Since California is a community property state, the law applies that the community estate shared between both individuals is liable for a debt incurred by either spouse during the marriage. All community property shared equally between husband and wife can be held liable for repaying the debts of one spouse.
A legal separation would mean one spouse may still be eligible for health insurance coverage from the other spouses job, whereas a divorce would end this coverage. A legal separation also allows you and your spouse to continue filing taxes jointly, which can lead to some tax benefits.
Marital settlement agreements, also known as divorce settlement agreements, marital termination agreements, separation agreements, or stipulations of settlements, are written contracts between divorcing spouses of their responsibilities and rights after divorce. Once formed, both parties are legally bound to them.

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