Once a divorce is finalized by the court (usually when the court issues a divorce decree) the marriage is terminated. However, with a Marriage Separation Agreement, even if it is legally binding, you will still be legally married.
The following are common reasons for seeking a separation instead of a divorce:
A couple may not be emotionally ready for a divorce.
The couple may object to divorce for religious, social or moral reasons.
A couple may not want to live together but do not want a divorce.
A couple may want to retain medical insurance, governmental or tax benefits that may continue because the couple is still considered to be married although living separate lives.
A couple resides in a state that requires a separation period before the couple may file for divorce.
If you are going to pay spousal support during separation, having a Legal Marriage Separation Agreement is required to enforce payment.
A couple wants to finalize separation of property and finances and other terms before starting a divorce proceeding.
Please note that choosing to have a legally binding Marriage Separation Agreement is not necessarily faster or less expensive than filing for a divorce. You may want to consult with an attorney to help you assess your options.