December 1, 2025

If your marriage is in a tough place, know that you have legal options, including both separation and divorce. The route you choose depends on your circumstances, and there are pros and cons to both. 31% of individuals in Indiana have been divorced, according to the most recent Indiana Marriage Report.

Legal Separation vs. Divorce: What’s the Difference?

The biggest difference between the two is that the finalization of a divorce legally dissolves a marriage while legal separation does not.

Separation allows you to remain legally married while still allowing for division of assets and responsibilities as needed. It also allows you to have a court or other mediator help you work through some concerns within your marriage in hopes of finding a resolution.

If you divorce your spouse, you are free to pursue a new relationship or marriage if you want to. Legally separated couples are still married, so if you choose to go this route, keep this in mind.

Advantages and Disadvantages of Legal Separation

Beyond the basic difference in marital status, there are other differences between divorce and separation you must consider, such as financial issues or child custody and visitation.

Disadvantages of Legal Separation

A legal separation is not a guarantee of saving your marriage, and in some cases may just be drawing out the inevitable. In the state of Indiana you can only be legally separated for one year, which may not be enough time for some couples to reconcile. If you wish to keep the legal separation active, you must file a new document with the court every year. If you wish to move forward with a divorce, you have to file another document converting the separation to a divorce. Filing for divorce also gives you the same ability to temporarily divide assets and debts and have a temporary child custody, parenting time, and child support order in place while still remaining married.

Advantages of Legal Separation

One of the top benefits of staying married but separated is that it does not have the same connotation that filing for “divorce” has. It gives you and your spouse time to sort out your differences while still having some ability to protect your finances and family.

You can still file your taxes jointly if you’re separated, which may have financial benefits for both of you. Similarly, you can still receive support from your spouse such as military benefits or insurance coverage while you’re separated, but may not if you finalize a divorce.

There are also personal and emotional aspects where separation can be advantageous, such as religious or faith-based considerations, or maintaining a healthy family life when you have children.

In certain Elder Law situations, legal separations can be potentially useful to help preserve a married couple’s assets. If circumstances of the marriage make it intolerable for parties to live together because one spouse needs to go to a nursing home, there are certain methods Elder Law attorneys can use to help preserve some assets that may otherwise have to be spent down to qualify a spouse for Medicaid. A legal separation allows the healthy spouse to receive the other spouse’s retirement account(s) without certain harsh tax consequences. If done as part of a comprehensive Elder Law plan, this can help preserve the couple’s assets for the healthy spouse or for their children to inherit, as opposed to having to spend all of retirement funds on nursing home care. Once the transfer is complete, the legal separation can be dismissed and the couple remains married.

Situations Where Divorce Is More Advantageous Than Legal Separation

If you are certain you want to end your marriage, going straight to divorce will save you the headache of going through the time and expense of multiple filings to keep the separation active and convert it to a divorce. Studies estimate that 80% of legal separations end in divorce.

We typically advise clients to file a divorce over a legal separation, because a divorce gives you the same ability to temporarily assign assets and debts to each spouse; put in place temporary custody, parenting time and child support orders; and have an order from the Court to preserve the value of the marital estate while remaining married. You remain married during the divorce case unless you finalize the process and receive a divorce decree.

If both spouses agree, the divorce can remain pending for an indefinite amount of time without any additional filings to keep it active every year. If you reconcile, you can simply dismiss the divorce and remain married — the temporary orders go away once you dismiss your divorce. If you have a legal separation filed and do not reconcile, you will be required to file another separate document with the court to convert the legal separation into a divorce.

Indiana is a no-fault divorce state, which means you can dissolve your marriage without assigning blame to either party. Also known as an irretrievable breakdown of the marriage, a no-fault divorce allows your marriage to end without requiring proof of abuse or other wrongdoing.

What is Legal Separation in Indiana?

In the state of Indiana, a legal separation gives couples a chance to temporarily pause their marriage, both physically and financially.

Keep in mind that you can physically separate on your own if you choose — if you and your partner need some space, you don’t have to get a court involved to live separately for a while.

A legal separation requires a court order, and allows for similar legal remedies as a divorce does regarding the temporary (but reversible) separation of property, assets, liabilities, and debts. If you and your partner disagree on who should maintain what while you are separated, a legal separation can help delineate responsibilities and access to mutual assets.

Components of a Legal Separation Agreement in Indiana

To file for legal separation, Indiana law requires you to demonstrate that circumstances of your marriage make it currently intolerable for both parties to live together, but that both parties also wish for the marriage to be preserved.

When you file with the court, your petition must include:

• The residence of each party and the length of residence in the state and county.
• The date of the marriage.
• The date on which the parties separated.
• The names, ages, and addresses of any children younger than twenty-one or any that are incapacitated.
• Whether the wife is pregnant.
• The grounds for legal separation.
• The relief sought.
• If a guardian of an incapacitated person is filing the petition for legal separation on behalf of the incapacitated person, the name and address of the guardian.

Neither of you can file for divorce or have a divorce suit pending in order for a legal separation agreement to be approved.

Some states allow for indefinite separation periods, but in Indiana the maximum term a legal separation agreement is valid for is one year. After a year has passed, you must either reconcile and dismiss it, file to keep it active, or file to convert it to a divorce.

How an Experienced Family Law Attorney Can Help

Navigating the complexities of legal separation can be emotionally draining and legally challenging. At BB&C, we’re here to support you every step of the way.

Whether you’re considering a legal separation or a divorce, our team can provide a clear action plan tailored to your needs, ensuring your rights are protected and your interests are prioritized. Reach out to us today to learn how our experienced attorneys can assist you in moving forward with confidence.

Disclaimer: The content of this blog is intended to be general and informational in nature. It is advertising material and is not intended to be, nor is it, legal advice to or for any particular person, case, or circumstance. Each situation is different, and you should consult an attorney if you have any questions about your situation.

Frequently Asked Questions About Legal Separation and Divorce

What’s the Difference Between Legal Separation and Divorce?

The biggest difference between the two is that the finalization of a divorce legally dissolves a marriage, while legal separation does not. Separation allows you to remain legally married while still allowing for division of assets and responsibilities as needed. If you divorce your spouse, you are free to pursue a new relationship or marriage if you want to. Legally separated couples are still married.

What is a Legal Separation?

A legal separation gives couples a chance to temporarily pause their marriage, both physically and financially. To file for legal separation, Indiana law requires you to demonstrate that the circumstances of your marriage make it currently intolerable for both parties to live together, but that both parties also wish for the marriage to be preserved.

Can I get Legally Separated in Indiana?

Yes, however, in the state of Indiana you can only be legally separated for one year. If you wish to keep the legal separation active, you must file a new document with the court every year. If you wish to move forward with a divorce, you have to file another document converting the separation to a divorce.

What are the Disadvantages of Legal Separation?

In the state of Indiana you can only be legally separated for one year. If you wish to keep the legal separation active, you must file a new document with the court every year. If you wish to move forward with a divorce, you have to file another document converting the separation to a divorce.

What are the Advantages of Legal Separation?

Legal separation gives you and your spouse time to sort out your differences while still having some ability to protect your finances and family. You can still file your taxes jointly if you’re separated, which may have financial benefits. Similarly, you can still receive support from your spouse such as military benefits or insurance coverage while you’re separated.

What are the Advantages of a Divorce?

If you are certain you want to end your marriage, going straight to divorce will save you the headache of going through the time and expense of multiple filings to keep the separation active and convert it to a divorce. It’s estimated that 80% of legal separations end in divorce. If you reconcile during the divorce process, you can simply dismiss the divorce and remain married.

Can I get Divorced in Indiana?

Yes, you can get divorced in Indiana. Indiana is a no-fault divorce state, which means you can dissolve your marriage without assigning blame to either party. Also known as an irretrievable breakdown of the marriage, a no-fault divorce allows your marriage to end without requiring proof of abuse or other wrongdoing.

Is Indiana a No-Fault Divorce State?

Yes, Indiana is a no-fault divorce state, which means you can dissolve your marriage without assigning blame to either party. Also known as an irretrievable breakdown of the marriage, a no-fault divorce allows your marriage to end without requiring proof of abuse or other wrongdoing.

What is Legal Separation in Indiana?

In the state of Indiana, a legal separation gives couples a chance to temporarily pause their marriage, both physically and financially. To file for legal separation, Indiana law requires you to demonstrate that the circumstances of your marriage make it currently intolerable for both parties to live together, but that both parties also wish for the marriage to be preserved. In Indiana, the maximum term a legal separation agreement is valid for is one year.

Do I Need a Divorce Attorney in Indiana?

Navigating the complexities of legal separation can be emotionally draining and legally challenging. Whether you’re considering a legal separation or a divorce, a divorce attorney can provide a clear action plan tailored to your needs, ensuring your rights are protected and your interests are prioritized.