What Is Legal Separation in Missouri (and Is It Better Than Divorce?)
When a marriage reaches a difficult point, many couples in Missouri assume that divorce is the only option. However, there is another option available – legal separation. This can be a meaningful alternative that protects your legal rights and allows you to continue your marriage without ending it permanently. Understanding the differences between these two options can help you make an informed decision about the future of your family.
What Is Legal Separation in Missouri?
Under Missouri Revised Statutes § 452.320, a legal separation is a process that allows married couples to live separately and formally establish the terms of their separation, including property division, child custody, child support, and spousal support, without dissolving their marriage.
Unlike an informal separation, a legal separation results in a court order that is legally binding. Both spouses are still legally married, but their financial and parenting responsibilities are clearly defined by the court. This is similar to many of the legal aspects of divorce, but without the finality of a divorce decree.
How Does Legal Separation Work in Missouri?
The process for legal separation in Missouri is similar to that of a divorce. One spouse can file a Petition for Legal Separation with the circuit court in the county where they reside. The court will then address the same issues as it would in a divorce case:
- Dividing marital property and debts according to Missouri’s equitable distribution standards
- Determining custody of children and parenting arrangements based on the best interests of the children, as outlined in § 452.375
- Calculating child support in accordance with Missouri Supreme Court Rule 88.01
- Considering spousal maintenance (alimony) in accordance with § 452.335
Once the separation decree has been entered, it is fully enforceable. Either spouse can later convert the separation into a divorce by filing a petition with the court after 90 days, in accordance with § 452.360.
Legal Separation vs. Divorce: Key Differences
The most fundamental difference between legal separation and divorce is the status of the marriage. With legal separation, the couple remains legally married, while with divorce, the marriage is dissolved permanently. This single difference has significant consequences.
A legally separated spouse is not allowed to remarry, while a divorced spouse can do so. Financially, legal separation allows a dependent spouse to continue being covered under the other spouse’s health insurance, as the marriage is still technically intact. This benefit is lost in a divorce. Additionally, federal Social Security benefits tied to a spouse’s work history may be preserved through legal separation but not through divorce.
Finally, legal separation can be reversed, unlike divorce, which is final. If a couple wants to reconcile after a divorce, they must start the process again. In Missouri, once a final decree is issued by a court, the marriage is considered over.. A separation agreement, in contrast, can be terminated if the couple decides to reconcile, or turned into a divorce if they eventually decide to move on – providing both spouses with time and legal protection as they determine the best course of action.
When Might Legal Separation Be the Better Option?
Legal separation is not the right choice for everyone, but it may be a wise decision in certain circumstances.
1. Religious or personal objections to divorce
Some spouses have strong moral or religious convictions against divorce. Legal separation allows them to live separately and protect their interests, while still respecting those beliefs.
2. Preserving health insurance benefits
Divorce typically ends the coverage of a spouse under another spouse’s employer-sponsored health insurance plan. However, legal separation can allow the dependent spouse to continue coverage, which is crucial if one spouse has significant medical needs.
3. Retaining Social Security benefits
A spouse may be eligible for Social Security benefits based on the work record of their partner if they have been married for at least 10 years, according to federal Social Security regulations. Legal separation maintains this marital status, while a divorce – if it occurs before the 10-year mark – could permanently disqualify the spouse from these benefits.
4. Uncertainty about the future
Some couples are not yet ready to make a final decision about their relationship. Legal separation provides time and space for both partners to evaluate whether or not reconciliation is possible. In the meantime, it also establishes legal protections for both parties.
Speak with a Missouri Family Law Attorney Today
Navigating the legal separation process requires careful planning and strategy, similar to that of a divorce. At Columbia Family Law Group, we have over 35 years of experience helping Missouri families navigate some of the most difficult decisions in their lives. If you are considering a legal separation or simply seeking answers, our team is here to help protect what matters most to you.
Contact Columbia Family Law Group, LLC to schedule a consultation and take the first step towards clarity.
