People often use the terms “separation” and “divorce” interchangeably, but they have very different legal meanings. In Massachusetts, understanding this distinction is essential when evaluating next steps in a marriage.

Does Massachusetts Recognize Legal Separation?
Massachusetts does not recognize legal separation as a formal legal status. Spouses may live apart, but they remain legally married until a divorce is finalized. Simply moving out or agreeing to live separately does not end the marriage.

What Does Separation Mean in Practical Terms?
Separation generally refers to spouses living apart while still married. Couples may choose this arrangement for personal, financial, or religious reasons. While spouses may reach informal agreements about finances or parenting, these arrangements may be difficult to enforce without court involvement.

Can Separated Spouses Obtain Court Orders?
Yes. Married but separated spouses may seek court orders related to child support, parenting time, or spousal support. These orders provide structure while the marriage remains intact. However, the court does not divide marital property in these proceedings.

How Is Divorce Different From Separation?
Divorce legally ends the marriage and resolves all outstanding issues. Through divorce, the court can issue final orders addressing property division, alimony, child custody, and support. Once a divorce is finalized, both spouses are legally single.

How Does Separation Affect Property and Finances?
Because separated spouses remain married, assets and debts acquired during separation may still be considered marital property. Divorce establishes a clear endpoint for the marital estate, reducing uncertainty and future disputes.

How Are Children Affected by Separation vs. Divorce?
In both situations, courts focus on the best interests of the child. Divorce typically provides more permanent and enforceable parenting arrangements, while separation may involve temporary solutions.

Which Option Is Right for Me?
Separation may suit couples seeking time or structure without ending the marriage. Divorce may be appropriate for those seeking finality and long-term stability.

A Massachusetts family law attorney can help explain how each option applies to your circumstances and guide you toward an informed decision. If you are considering divorce, contact the family law attorneys at Kelly & Murstein for a case evaluation and to learn your options.