The National Advocates

Call Us : +1 425 374 4045

Schedule an Appointment

  • Home
  • About Us
    • Attorney Profile
    • Why We Are Different
    • Network of Experts
    • Our Fees
    • Frequently Asked Questions
  • Practice Areas
    • Divorce and Separation
      • Divorce & Legal Separation
      • Complex Divorce
      • Cooperative & Collaborative Divorce
      • Divorce Advice/Uncontested Divorces
      • Divorce Tax Implications
      • Estate Planning and Divorce 
      • International Divorce
      • Litigation and Trial
      • Property Division
      • Spousal maintenance (Alimony)
      • Post Divorce Legal Actions
    • Children and Parenting Issues
      • Child Custody and Parenting Issues
      • Child Support
      • Child Support Modification in Washington State
      • Fathers Rights in a Wa. State Divorce
      • Paternity and Parenting Actions
      • Parenting Plan Modification in Washington State
    • Domestic Violence
      • Protection & Restraining Orders/Domestic Violence
    • Mediation
      • Family Law Mediation at Weintraub Law Office
    • WA Legal Agreements
      • Prenuptial/Post-Marital/Cohabitation Agreements
  • Washington Divorce Guide
    • Before Divorce – Planning Ahead
    • The Washington Divorce Process
    • Divorce Questions and Answers
    • After Your Divorce – Important Considerations 
    • Divorce Options – Four Processes Used to Obtain a Divorce 
    • Divorce Worksheets To Prepare for Divorce 
    • Post Divorce Legal Actions 
    • Post Divorce Checklist
    • Washington Divorce Resources
  • Blog
  • Client Testimonials
  • Contact Us
You are here: Home / Blog / 5 Frequently Asked Questions about Legal Separation in Washington State

5 Frequently Asked Questions about Legal Separation in Washington State

August 1, 2016 by Bo Weintraub 1 Comment

Legal Separation

1. What are the grounds for a legal separation in Washington State?

The same legal grounds for divorce apply to a legal separation. Washington State is a no-fault state. That means a spouse does not have to prove the other spouse did anything wrong to get a divorce. Stating the marriage is “irretrievably broken” as the reason is enough.

2. What is the major difference between a legal separation and a divorce?

A legal separation is a court order that provides the rights and duties of a couple while still married. A divorce is a court order that provides the same rights and duties of a couple but ends the marriage. The laws (i.e., property division, spousal maintenance, child support and parenting plan) are the same, but the parties officially remain married after a decree of legal separation and cannot remarry. A decree of legal separation can be converted to a divorce decree after six months.

3. Are there any advantages to getting a legal separation over a divorce?

Aside from retaining the possibility of reconciling in the future or religious concerns, the following reasons may apply to make a legal separation advantageous:

  • Social Security Benefits – If a marriage has lasted at least 10 years, a divorced spouse who has not remarried is entitled to social security benefits equal to the greater of: 1) those based on one’s own work record or; 2) 50 percent of what the ex-spouse is entitled to. As a result, some people married for close to 10 years will seek a legal separation rather than a divorce until the 10 year threshold is met.
  • Health Insurance – Some employers will continue to provide coverage for a spouse who has legally separated. That is not true of a divorced spouse.

4. Are there any disadvantages to getting a legal separation over a divorce?

You are still legally married, so you can’t remarry unless the legal separation decree is converted to a divorce decree. At least 6 months must pass before you can do so. The process must be done by formal request to the court in the form of a motion.

5. Is a Legal Separation the same as the Date of Separation?

No. A legal separation is a court order that provides the rights and duties of a couple while still married. The date of separation is when facts indicate the marriage is “defunct” and marks the end of the community property estate. Property earned or acquired after the date of separation is assumed to be that spouse’s separate property

Filed Under: Blog

Comments

  1. Civil Litigation San Diego says

    December 2, 2016 at 8:31 am

    I really appreciate the kind of topics you post here. Thanks for sharing information that is actually helpful. Good day

    Reply

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Please type the characters of this captcha image in the input box

Please type the characters of this captcha image in the input box

Contact Us Today at
+1 425 374 4045
or send us a message below:





Enter the letters and press send
captcha


  • Blog

Search this site

Weintraub-Law-Logo-small

Weintraub Law Office offers divorce and family law representation, consultation, and flat fee mediation services in King County, Snohomish County, and Pierce County.

Our Promise to Each Client:

We will provide skilled, experienced legal help to meet your long term goals while keeping your financial well-being in place.

Avvo - Rate your Lawyer. Get Free Legal Advice.

Client Reviews

"Mr. Weintraub was extremely helpful as mediator. I was looking for someone to work out some disagreements in my divorce and to settle quickly without needing attorneys." - J.C

Law Office

Bellevue Office:
14205 SE 36th St., Suite 100, Bellevue, WA 98006

Bothell Office:
19125 N. Creek Pkwy, Ste. 120, Bothell WA 98011

Direct E-mail:
Boaz Weintraub, Lead Counsel/Attorney -

Danny Hemachandra, Paralegal -

Copyright © 2021 Weintraub-Law.com | 14205 SE 36th St., Ste. 100 Bellevue, Washington 98006 | Phone: +1 425 374 4045 | Sitemap