Legal Separation vs Divorce in Arizona

When spouses in Arizona decide they no longer want to live together and decide to separate, they have two main legal choices: Legal Separation or Divorce. Even though both lead to the couple living apart, they are very different in one big way.

The One Big Difference: Your Marriage Status

The most important thing that sets these two choices apart is what happens to the marriage itself.

Legal Separation: Married, But Separated

Legal separation does not end the marriage. Even when the legal separation is finalized, the couple is still legally married.

Think of it like this: If a couple got a legal separation, they would live in separate houses and have legal papers stating how to divide their finances, but on paper, they would still check the “married” box on official forms.

Divorce: Ending the Marriage

Divorce in Arizona is officially called “dissolution of marriage,” which means “ending the marriage.” The spouses will create agreements in mediation, approve and sign their documents and the final divorce decree will be approved by a judge to formally end the marriage.

Key Differences Side-by-Side

Let’s look at the biggest things that change when a couple completes a legal separation versus a divorce.

1. The Right to Remarry

• Legal Separation: Since the spouses are still legally married to each other, neither person can marry anyone else. 
• Divorce: Since the marriage is dissolved, both people are free to remarry anyone they choose once their divorce is finalized.

2. Who Has to Agree?

• Legal Separation: Both people must agree to the legal separation. 
• Divorce: Only one person has to want it. Arizona is a “no-fault” state, which means the divorce can happen when one person says there’s “no chance of reconciliation”. The other spouse cannot stop it.

3. Health Insurance

• Legal Separation: Since they are still legally married, sometimes a spouse can stay on the other spouse’s health insurance plan. It’s important to call your insurance company to confirm since it’s not guaranteed.
• Divorce: Almost always, health coverage ends for the former spouse when the divorce is final. This is a big deal for families, especially if one spouse doesn’t have a job that offers insurance.

4. Can You Change Your Mind?

• Legal Separation: Yes, it’s reversible. If the couple decides later that they want to try and fix the marriage, they can cancel the separation order, and they are back to being a legally married couple.
• Divorce: No, it’s final. If the couple wants to get back together later, they must get married again, just like any single couple.

Why Choose Legal Separation? 

People choose legal separation when they want a clean break, but it’s important for them to stay married.

1. Holding onto Health Insurance

This is often the reason spouses will choose Legal Separation. If one spouse has a serious health problem or can’t afford their own insurance, staying legally married might be the only way they can keep the affordable coverage they need. That way, the spouses can separate (physically and financially) while keeping the insurance benefit.

2. Time Apart

Sometimes, couples are unsure if they want to end the marriage. Legal separation gives them time to consider their options. They can divide their money and set up a parenting time schedule for the kids, but they know the door to reconciliation (getting back together) is still open. They get to separate aspects of their lives without the finality of divorce.

3. Religious or Moral Beliefs

For some people, their church or deep personal beliefs are strongly against divorce. Legal separation is a way for them to follow their faith while still living separate, independent lives. It respects their commitment to the marriage in a religious way while allowing for a legal separation of their assets and responsibilities.

4. Social Security Benefits

There are rules and regulations that apply for Social Security and it is important to discuss your specific situation with a social security administrator.

Why Choose Divorce?

Divorce is chosen when the couple, or at least one spouse, wants to dissolve the marriage.

1. Wanting to Get Married Again

If someone wants the freedom to potentially remarry someday, divorce is the only choice.

2. Needing Complete Closure

Divorce formally ends the marriage. Many people need this finalization to feel like they can truly move on emotionally and legally. 

3. At Least One Person Wants It

Remember that you need both people to agree to a legal separation. However, Arizona doesn’t require both people to agree to a divorce.

The Process is the Same

It’s important to know that legal separation is not always simpler or a lot less expensive than divorce. The process is about the same. 

Spouses can complete their legal separation or divorce through mediation, making the process easier and less expensive. In mediation, just like with attorneys, your legal separation or divorce process will include:

• Dividing Finances: In both cases, the bank accounts, houses, cars, and debts the spouses got while married will be divided. In court, a judge makes the decisions. In mediation, a professional mediator guides the spouses to reach personalized agreements they both find acceptable. 
• Parenting Plans: If there are children, the parents must create a detailed Parenting Plan. This plan covers things like: Who makes major decisions about school and doctors (called “legal decision-making”) and the schedule for when the kids are with each parent (called “parenting time”). In a court process, the judge makes the decisions. In mediation, parents are able to focus on and prioritize their children’s well-being. Mediation sets the foundation for healthy co-parenting.
• Support: The rules for figuring out child support and spousal maintenance (money paid to help support a spouse after a divorce or separation) are exactly the same in both legal separation and divorce cases. Your mediator will help you understand the law around child support and spousal maintenance, while helping you reach an agreement that protects your financial stability.

Choosing the Right Path

Ultimately, the choice between legal separation and divorce in Arizona is a deeply personal one, driven by your specific financial, emotional, and religious goals. While the legal process for both is nearly identical, the core difference remains the status of your marriage. At The Aurit Center for Divorce Mediation, we believe you deserve a simple, peaceful, and confidential process that completely avoids a harmful court battle. Whether you choose to proceed with a legal separation or divorce, we are here to help you – every step of the way.

To learn more about the differences between legal separation and divorce, and how mediation can make your process easier, schedule a free 1-hour online consultation for you and your spouse. An experienced mediator will cover everything you need to know to decide if mediation is right for you. Or you can choose an individual 20-minute call if you prefer to first have some of your questions answered privately.