Could someone please tell me what the difference is between a legal separation and a divorce. What is the legal differences in obtaining one over the other? I have adult children and I have been separated from my husband for almost 3 years. I am coming into a large settlement soon and I want to get out of the marriage so he won't have any claims to my upcoming money.

If I get a legal separation is that as legally binding as a divorce. Would he be barred from being able to have claim to any of my settlement?:confused:

Usually a legal separation comes before a divorce, in hopes that all differences may be sorted out, sort of a waiting period. If you want no further contact from him and want to get on with your life legally, such as marrying again, you have to obtain a divorce, then there are no further obligations to either party. So you may not be 'totally screwed' after all.

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Originally Posted by Totally Screwed

Could someone please tell me what the difference is between a legal separation and a divorce. What is the legal differences in obtaining one over the other? I have adult children and I have been separated from my husband for almost 3 years. I am coming into a large settlement soon and I want to get out of the marriage so he won't have any claims to my upcoming money.

If I get a legal separation is that as legally binding as a divorce. Would he be barred from being able to have claim to any of my settlement?:confused:

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I don't know what State you are in but in "many" States a settlement is YOUR money, not co-mingled funds. Same with inheritances.

A legal separation is just an agreement filed with a court that specifies support issues. A divorce severs the marriage. If you are not divorced you are still married, though a legal separation would probably mean any income received would not be commingled. But it means you cannot legally remarry.

Mostly you should be free from interference from your almost ex but there are some settlements that you may receive that he may be entitled to a portion of. You really need to ask a qualified lawyer. If your settlement is from a retirement account then there may be issues. If it's a windfall settlement like personal injury or inheritance or lottory then that would be separate property I believe. Again find a lawyer and get things settled so there won't be any question as to what's going to happen.

I would seroiusly advice you to get a local attorney, knowing that a few states are community property states, and of course there is not even a legal separation, which could take months to fight the terms out.

And a lot more issues could happen if you were to die without a formal separation and maybe even a divorce.