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legal separation and divorce give a
similar result in that they in a way
dissolve the marriage and enable the
parties to live separately
but when you’re involved in a legal
separation which comes into two
categories namely where you’re living
separate and apart pursuing to a
separation agreement and then in the
alternative where you’re getting an
actual Judgment of Separation if you get
the Judgment of separation or you’re
living pursuant to a separation
agreement you still remain legally
married that would enable you to file
joint tax returns and provided that
there is no judgment of Separation
enable each of you to take health
insurance from the other party depending
upon the circumstances of the health
insurance company and how they handle
parties that are separated if you have a
divorce the divorce is an actual
dissolution of the marriage that means
that the marriage has been dissolved you
are no longer married it is as though
you two had never been married your
assets are divided the custody of the
children is allocated and you each live
freely and independently of one another
without any legal responsibility to each
other
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NY family law attorney Ken Jewell explains how legal separation is different from divorce in New York. He explains that legal separation and divorce achieve similar outcomes in that both allow the parties to live separately and, in a sense, dissolve aspects of the marital relationship. However, legal separation can take two forms: either living apart pursuant to a separation agreement or obtaining a formal Judgment of Separation. In either case, the parties remain legally married. This status allows them to file joint tax returns and, depending on the specifics of their health insurance policies, may enable one spouse to maintain coverage through the other.
Divorce, on the other hand, represents a full dissolution of the marriage. Once finalized, the marriage is legally ended, assets are divided, child custody is determined, and both parties are free to live independently, without any ongoing legal obligations to one another.
