Legal separation in California allows spouses to live separately and establish independent financial lives while remaining legally married. Unlike divorce, a legal separation does not terminate the marriage — the parties cannot remarry — but it addresses all the same substantive issues: property division, spousal support, child custody, and child support.
How Legal Separation Works in California
A legal separation proceeding follows the same procedural framework as a dissolution of marriage. The same financial disclosure requirements apply, the same community property division rules govern assets and debts, and spousal and child support are set under the same Family Code standards. The key difference is the outcome: a divorce judgment ends the marriage, while a legal separation judgment preserves it while establishing the parties' separate rights and obligations.
Why Choose Legal Separation Over Divorce
Common reasons California couples choose legal separation include: maintaining health insurance coverage through a spouse's employer plan (many plans allow continued coverage for a legally separated spouse); preserving Social Security spousal benefits when the marriage is near the 10-year threshold; religious objections to divorce; and preserving the possibility of reconciliation without needing to remarry. Legal separation also has no minimum California residency requirement, making it available immediately upon filing.
Converting Legal Separation to Divorce
Either party can convert a legal separation to a divorce at any time by filing a motion with the court. If you file for legal separation and later decide to proceed with dissolution, the conversion is straightforward and the legal separation proceedings do not need to start over.
Furubotten Law, APC handles legal separation proceedings throughout Orange County and Riverside County. Call (714) 795-3862 for a complimentary case evaluation.