People often use the terms separated and divorced interchangeably. While each addresses similar issues, understanding what legally sets them apart can help you decide on which option you can take in the future.
How does the law define separation and divorce?
Legal separation and divorce in Colorado follow nearly the same court process. Both require at least one spouse to have lived in the state with the intent to make it a permanent home for a minimum of 91 days before filing. If the case involves child custody, the children must have lived in the state for at least 182 days.
The main difference lies in the result. A divorce ends the marriage, while a legal separation does not. A separation resolves the same financial and parental concerns, but the marriage stays intact, meaning neither spouse may remarry.
What happens to property, parenting and support?
Colorado courts apply identical framework to divide marital property in both cases. The court distributes assets and debts in a manner it considers fair, based on factors such as each spouse’s income and contributions to the marriage. A fair distribution does not always result in an equal one.
Parental responsibilities, the term state law uses in place of custody, are also addressed similarly in both proceedings. The court will establish a parenting plan that covers decision-making authority, a time-sharing schedule and child support obligations based on each parent’s income and the needs of the children.
Where the two options differ is in benefits tied to marital status. Spouses who are legally separated may keep their inheritance rights, and some health plans or government and military benefit programs may allow ongoing coverage under a separation decree. A divorce typically ends access to those spousal benefits.
Why do some choose legal separation?
Religious or moral beliefs are among the most common reasons. Some faith traditions oppose divorce, and a legal separation lets spouses live apart and settle their legal affairs without ending the marriage.
Financial considerations can also be a factor. Maintaining access to certain benefit programs or specific health plans is one reason some couples pursue separation.
Additionally, some couples see separation as a chance to step back and reflect. Because the marriage remains intact, the door stays open for a future return to the relationship without having to remarry.
How do you convert a separation into a divorce?
State law allows either spouse to convert a legal separation into a divorce after six months have passed from the date of the separation decree. This requires filing a motion with the court, and in most cases, the terms from the separation carry over into the divorce decree.
This step does not require the consent of both spouses. Either party may initiate the conversion, and the court will generally issue a dissolution without requiring the couple to relitigate property, support or parenting issues that were already resolved.