For many couples, a separation can be a more appealing option than a divorce. Yet not only is it vital for a couple to know exactly how a separation is distinct from a divorce, but it is also important to understand how the various types of separation differ from one another. For just as there are several types of divorce, there is more than one type of separation, with each type changing how the division and ownership of property works. There are four versions of separation:

• Legal separation
• Permanent separation
• Living separately
• Temporary/Trial separation

Let's start with a brief rundown of what distinguishes a legal separation from a divorce. Essentially, divorce is the only way to legally end a marriage (an annulment is something else, saying that the marriage was never valid). A legal separation, however, means that a couple can split up and live their own lives, but on paper they're legally married. To get a legal separation, a couple goes through a court to cover issues of child custody, child support, alimony, and of course, property division. This type of separation can be the better option for couples who do not want to divorce due to religious convictions or for financial reasons (such as keeping health insurance).

Then there is permanent separation. Whether the result of a trial separation or of an immediate decision, when a couple wants to live separate from one another for good, that separation might not be recognized legally, not apart from a legal separation or a divorce. In the majority of states, every asset that a spouse accumulates after this separation is their own separate property. Most debts after separation will become separate property, but if a debt is due to a mutual necessity, such as a mortgage payment or a child's medical treatment, then that will be a joint debt.

Living apart is a separation that begins when spouses start to live in different residences. How property ownership works in this scenario depends on state laws. There are states where living separately with no plans of getting back together means that every new debt and asset is the separate property of the person who accumulated it. But some states hold that even new debts and assets will be treated as joint property up until the point a spouse files for a divorce. Finally, there are states where a couple has to live apart for a specific number of months before they can get a no-fault divorce.

Lastly, this brings us to the trial separation, which can be the precursor of any of the above types of separation, of a divorce, or of a reconciliation. This is often a very informal arrangement, not one that is legally recognized but that will affect your legal rights. Just like it sounds, this separation is when a couple decides to take a breather, to try out what it would be like to split up or to see if there is a chance of resolving issues. Every new debt and asset will be viewed as joint property in the eyes of the law. There is thus a danger to prolonging this type of separation once you've reached the point where you know the split will be permanent.

If you want to find out more about how a separation differs from a divorce in your state and in your specific case, be sure to consult an experienced family attorney as soon as possible. And if you want to learn more your rights when it comes to property division, and how to protect those rights, you can contact a family lawyer from our directory today!