Legal Separation Or Divorce?

Courtney Cox has insisted that she and her husband, actor and director, David Arquette 's separation is not a sign of impending divorce, according to Newsday.

Clients often ask "What's the difference between a legal separation and a divorce?"

In many ways, a separation agreement and divorce agreement are identical - both documents address custody, support and division of assets.  Both documents, once agreed upon and signed, are final, binding and enforceable in Court.

Some key differences between a separation and a divorce agreement are:

•         A divorce agreement expedites the termination of the marriage (usually a few months after signing).   This agreement also terminates the medical benefits for the ex-spouse.

•         In a separation agreement, parties wait one or more years before terminating the marriage.   This is ideal for those who want a "trial separation" like Courtney Cox , are not yet ready to commit to the final dissolution of their marriage, or who need to maintain medical benefits for a longer period.   In some instances, parties execute a legal separation in lieu of divorce for religious reasons.

It is important to get advice from an experienced matrimonial attorney, to ascertain which type of agreement is best for your needs.

In many cases, agreements are negotiated and signed out of Court, without any litigation. This approach keeps legal costs and acrimony down, although it may not work for every case.