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Separation vs Divorce. What’s the difference?

When you met your soul mate and planned for that happy day, little did you think that everything you placed your hopes and dreams on, would come crashing down.  Who would’ve ever said that the person you gave so much love to, would turn into a total stranger. Love? FORGET IT BUSTER!

So, what are your options?  Separation or divorce? They’re not the same thing. Many clients that consult us, think that separation is just another name for divorce. The reason for this is probably that when they separate, they’re already out of the house and maybe even seeing someone else, having established their lives in what we call a de facto separation. Well, peeps, I’m sorry but they’re not the same, though one can lead to another.

I decided to throw a list of bullet points together to help you understand the differences and similarities between the two:

  1. When you legally separate, you’re still married – you and your spouse cannot remarry. Whilst on the other hand divorce annuls marriage from the date of the decision. Legally, you can remarry.


  1. During either separation or divorce there are 3 similar areas that need to be dealt with.


  1. The division of property
  2. The payment of support
  3. Custody and visitation of children


  1. Separation and divorce both terminate the community of acquests.


  1. Couples who have separated will continue to inherit each other unless they have made separate wills. This is not the case in the event of a divorce.


  1. The duties of parents, whether separated or divorced, remain the same as in marriage. In fact, even if a couple were never married and have children, the duties towards them are the same as if they were married.


If you and your spouse are at that stage, were you are considering separation or divorce, we invite you to contact Calleja & Associates Advocates to request a consultation.  We will help you understand and decide all the legal and financial aspects of your decision and guide you on the best steps to take.