Difference between separation and divorce

Separacion y divorcio

Are you going through a difficult situation with your partner? When critical situations arise in our marriage, we begin to think about the option of separating. Sometimes we are not convinced that it is really the end of our life as a couple. This is why we must know all the options we have at hand to end a relationship.

In this post we will explain the legal, economic and personal implications of both divorce and separation. Read on to find out what is the best solution to the situation you are currently facing.

separacion de bienes

Main differences between separation and divorce

Legal Breakup of Marriage

The first thing you should know is that the only way to dissolve your marriage is through divorce. When you decide to break up with your spouse through separation, you are not breaking the bond of marriage. In other words, you are legally still married. On the other hand, if the legal procedure of the divorce is carried out, the marriage will be dissolved.

Vinculo matrimonial

What are the implications of this?


One of the most important implications is that, if you are only separated, you will not be able to marry again. If you try to remarry without divorcing your former partner, you will be committing a crime. You can remarry without problems if you are divorced.

Volver a contraer matrimonio


Once you are divorced, No reconciliation is possible. This is because divorce represents the end of the marital union. You will have to remarry If you want to be remarried after a divorce. However, if you have only separated from your partner, you do not need to do anything to be remarried, because the marriage continued to exist.


Whether a couple with children has decided to divorce or separate, there are laws that protect children. These laws explain how custody will be enforced, how parental rights will be exercised, how child support costs will be divided, and so on.

This is especially important when the divorce or separation has not been carried out on good terms. What the law says will guide a judge in making decisions about children if the separated couple cannot agree.


One of the most important legal issues. What happens if one of the spouses dies after a separation or divorce? In both the case of divorce and separation, the survivor or widower will not be entitled to inherit unless there is a will.

In the case of separation, if there was reconciliation before the death of the spouse, the survivor must legally prove that there was reconciliation.

Diferencias entre separación y divorcio


In the event of a separation, the assets are divided by means of a simple separation of assets. This means that, upon separation, each spouse will have in his or her estate the property he or she owned before the marriage and the property he or she acquired during the marriage.

However, during a divorce, there are different systems of property distribution. One of them involves dividing all the income and property acquired during the marriage in equal parts between the spouses.

Economic implications of both processes

It is very important to make the right decision as to which process you want to start. This is because it can have consequences on the costs of the procedure. If the couple decides to get divorced, they will only have to pay for the costs of the legal procedure for the divorce. However, if they choose separation first and end up getting divorced, they will have to pay for proving the separation and then for the divorce.

cómo me divorcio

The benefits of both the divorce and the separation depend on the situation of the marriage. If the spouses are not sure that they want to live apart permanently, they can opt for separation. On the other hand, if the spouses want to end their marriage and they consider that there is no possibility of reconciliation, the best thing to do is to opt for divorce.

Tell us in the comments if you have ever gone through one of these processes and what your experience was like.

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