Legal Separation vs. Divorce in Connecticut

When a married couple is considering ending their union, they have the option of legal separation and/or divorce. Understanding legal separation vs. divorce in Connecticut can be an important factor in allowing spouses to determine which legal action better suits their circumstances.

Both legal processes allow Connecticut courts to issue legally binding orders governing the rights and responsibilities of spouses, but they differ in that divorce dissolves the marriage while legal separation leaves the parties still married.

What Is Legal Separation in Connecticut?

Legal separation allows married Connecticut spouses to live separately while obtaining court orders on their legal and financial responsibilities and obligations, but they remain legally married. According to divorce laws, specifically Connecticut General Statutes § 46b-40, a court has the authority to grant a legal separation if established statutory grounds, including the irretrievable breakdown of the marriage, are present.

A legal separation can address the same issues as a divorce. The court can make decisions regarding property, alimony, child custody, visitation schedules, and child support, depending on what’s needed. The court can make the obligations and responsibilities of the spouses legally enforceable despite the parties still being married.

Legal separation may be an appropriate alternative for married spouses who do not want to permanently terminate the marriage but require legal formalities for their separate lives.

Understanding Divorce in Connecticut

Divorce in Connecticut, or dissolution of marriage, ends a marriage. When a final dissolution judgment is entered by a Connecticut court, the spouses are no longer married and, absent some other legal restriction, may generally marry a new person.

Connecticut is a no-fault state, so irretrievable breakdown is one of the grounds for dissolution and legal separation. The court can settle matters of property division, alimony, custody arrangements, parenting schedules, and child support in a divorce case. If the spouses reach a settlement agreement, the court can also approve the agreement if it meets certain requirements.

In southeastern Connecticut, the New London Judicial District and courthouse at 70 Huntington Street, New London, CT 06320 hears family cases. Cases may also be filed in Norwich at 1 Courthouse Square, Norwich, CT 06360.

Separation Versus Divorce

The main difference between a separation and a divorce is the legally recognized marital status. This can affect choices concerning financial and estate strategies, taxes, insurance, and how you move forward with future partners.

Legally separated spouses can usually continue to be married but live under court orders related to their finances and family obligations. If they want to end the marriage at a later date, they may start a dissolution action. Divorce ends the marriage and permanently changes the legal status of the parties.

Legal separation can be a good option when spouses need legal authority for financial or parenting plans, but they do not want to get divorced. Some spouses have personal or financial reasons for not wanting to end a marriage, either on a temporary or permanent basis.

For instance, spouses may wish to retain certain marital benefits, or they may want to remain married but try to live separate lives to see if they can get along. In contrast, divorce is usually a better choice when the spouses have determined that the marriage should end permanently.

Why Hire a Divorce Lawyer

In contrast to 72% of dissolution cases, 78% of legal-separation cases resolved in 2024 had at least one self-represented party, according to Connecticut Judicial Branch statistics. Despite the fact that legal separation and divorce can include substantial financial and parental challenges, these numbers show how often Connecticut people handle family-law proceedings alone and do not hire a divorce lawyer.

A Connecticut divorce attorney can help a client understand whether a legal separation or a divorce is most appropriate based on their client’s wants and needs. A lawyer can also outline the consequences of both choices so the client can make an informed decision.

Why Choose Suisman Shapiro Attorneys-at-Law

Suisman Shapiro Attorneys-at-Law has served the residents of eastern Connecticut for more than 80 years, helping individuals, families, and businesses throughout the region with their legal needs. Established in collaboration with Charles Suisman, Max Shapiro, and Louis Wool, the firm has grown to become the largest firm headquartered in eastern Connecticut.

Connecticut family law attorneys at Suisman Shapiro Attorneys-at-Law represent clients in matters such as divorce, legal separation, child custody, and property division.

FAQs

Why Would a Couple Choose Legal Separation Rather Than Divorce?

Couples might opt for legal separation if they wish to live separately and officially arrange matters like finances, property, and child or spousal support, all while keeping their marriage intact. Couples might opt to preserve their marital status for a variety of reasons, including personal, financial, or insurance considerations. Legal separation can also allow time to determine if reconciliation or eventual divorce is a more viable long-term solution.

How Long Can You Be Legally Separated in CT?

Connecticut does not have a maximum length of time to be legally separated. The spouses can be legally separated indefinitely until they reconcile, file for divorce, or pursue another legal action. Legal separation does not automatically turn into divorce after a period of time. The spouses may later decide to terminate their marriage and file for a dissolution under Connecticut law.

What Should a Spouse Not Do During Separation?

During separation, a spouse should not lie or conceal assets. They should also not accrue unnecessary debt, as they may be ordered by the court to pay it alone. It is recommended that neither spouse make large financial decisions at this time. Also, each spouse should not reject court orders or interfere with any children’s relationship with the other parent.

Is Legal Separation Better Financially Than Divorce?

Legal separation is not inherently better than divorce from a financial standpoint. What someone owes and owns, along with support, taxes, insurance, and retirement, all play a role in the financial outcome. Separation can preserve certain benefits of being married but also leave spouses financially entangled. Spouses should carefully consider how the decision impacts their lives, plans, and obligations.

Request a Consultation Today

If you are considering divorce or separation, the attorneys Suisman Shapiro Attorneys-at-Law can help you in the legal process. We can also inform you of your options. Contact us today for a consultation.