Is legal separation right for you? Call Silberman Law Group at 312-593-0075 to discuss your situation.
What Is Legal Separation in Illinois?
Legal separation is more than simply living apart. It is a court recognized status that allows spouses to establish boundaries, responsibilities, and protections. Couples remain married, which preserves certain benefits and leaves the path open for reconciliation. However, legal separation does not permit remarriage. A divorce would be necessary for that.
Couples can address many of the same issues they would handle during a divorce, including temporary property division, parenting time, parental responsibilities, and financial support. Some people choose separation because it gives them space while still maintaining the structure and legal clarity they need.
How Long Can a Legal Separation Last in Illinois?
Illinois does not impose a time limit on legal separations. A separation can last for months or many years. Either spouse can file for divorce at any time, and the divorce can incorporate the agreements made during the separation.
If spouses later reconcile, they can ask the court to dismiss the separation order. This flexibility is appealing for couples who need time to evaluate their future.
Pros and Cons of Legal Separation in Illinois
Legal separation offers several benefits. It is reversible, and the process can give couples time to reflect. Since Illinois uses a no-fault divorce system, spouses do not have to prove wrongdoing to end a marriage. This approach can reduce conflict and support future reconciliation.
Other advantages include:
- Continued eligibility for health insurance or certain employment based benefits
- Financial protection through court enforceable terms
- A structured arrangement for custody, parenting schedules, and support
However, legal separation also has potential drawbacks. Spouses cannot remarry. The process can become complicated when there are children, property, or significant assets involved. A separation can require many of the same legal steps as a divorce. Trying to pursue separation without legal guidance can result in mistakes that create long term problems.
Financial Reasons Couples Choose Legal Separation
Financial considerations are among the most common reasons people prefer legal separation over divorce.
Health Insurance
When one spouse relies on the other’s employer sponsored health insurance, divorce often terminates coverage. Replacing that coverage can be expensive or even unavailable. Legal separation may allow continued access to these benefits.
Retirement and Social Security
Remaining married can allow a spouse to qualify for Social Security spousal benefits or pension survivor benefits. A legal separation lawyer can review your situation to determine whether separation or divorce better serves your long term financial goals.
Tax Advantages
Couples with significant income differences may save money by filing taxes jointly. A legal separation allows them to continue filing jointly while still living independent lives.
Debt Protection and Upcoming Financial Events
Legal separation can protect one spouse from the other’s debts. Some couples also choose separation while they wait for anticipated events, such as the sale of a business or real estate appreciation. They may decide to finalize a divorce later, when the financial outcome is more stable.
Personal Reasons Couples May Choose Legal Separation
Not every couple feels emotionally prepared for divorce. A legal separation can ease the transition by providing structure. People can make decisions about parenting schedules, spousal maintenance, and financial responsibilities while adjusting to a new reality.
A legal separation can also act as a trial period. Couples can determine whether reconciliation is possible without making a permanent decision. These arrangements are more secure than informal separations because the terms are court enforceable.
Dating is not prohibited during legal separation. However, it can influence discussions about custody, support, or how the separation proceeds. A new partner could impact parenting concerns or affect financial decisions.
Religious Reasons Couples May Choose Legal Separation
The greater Chicago area is home to about 9,347 churches, synagogues, and religious organizations. Some faith traditions discourage divorce or encourage couples to resolve disputes before ending a marriage. Legal separation allows spouses to live independently while honoring their religious beliefs. It can also support faith based efforts toward reconciliation.
Of course, many couples choose to separate legally for a combination of financial, personal, and religious reasons.
Legal Separation vs. Informal Separation
Informal separation is often appealing when the arrangement is temporary, experimental, or based on mutual trust. Couples may choose not to involve the courts if they agree on financial and parenting matters.
However, informal separations do not provide legal protections. They cannot enforce child support, parenting schedules, asset protection, or spousal maintenance. Over time, many informal separations evolve into formal separations or divorces. A court approved separation provides clarity and security that informal agreements cannot match.
How to Obtain a Legal Separation in Illinois
You may pursue a legal separation whether you live with your spouse or apart. If you share a home, you must live separate lives. This usually means maintaining different sleeping arrangements and operating independently. At least one spouse must have lived in Illinois for 90 days for the court to finalize the separation.
To begin, one spouse files a petition in the appropriate county. A Glencoe resident typically files in Cook County. The petition outlines the reasons for separation, which can be as simple as incompatibility. It may also include requests related to support, custody, and property.
The other spouse is formally served and can agree or respond with different proposals. If conflicts arise, mediation or court hearings may resolve disagreements.
Issues Commonly Addressed in Legal Separation
- Parenting time and parental responsibilities
- Child support
- Temporary property division
- Spousal maintenance
- Responsibility for debts
Courts make custody decisions based on the best interests of the child. Parents may submit their own parenting plan or negotiate one together. Alimony is not automatic. A spouse must request it, and courts consider the length of the marriage, income, financial needs, and the couple’s financial history.
Property decisions in legal separation are not final the way they are in divorce. Courts can assign temporary arrangements, and these can be modified or incorporated into a later divorce.
Common-Law Marriages in Glencoe
Legal separation applies only to couples who are formally married. Illinois does not permit new common law marriages within the state, but it recognizes valid common law marriages created elsewhere. If you are in a common-law marriage or think you may be, a lawyer can offer guidance on separation or preserving your rights when terminating a common law marriage.
Legal separation is a nuanced process. For advice tailored to your situation, contact Silberman Law Group.
