Is Divorce Better Than Legal Separation?

 Posted on October 30, 2025 in Divorce Over 50

For many people over 50, the thought of ending a long-term marriage can feel like a step too far. Some wonder whether legal separation might be a less drastic or more practical choice. For some people, legal separation makes sense; for others, divorce is the better option. Both allow spouses to live independently, but they have very different long-term consequences.

For help making this decision, talk to our Wheaton, IL divorce and legal separation attorneys. We offer free, no-pressure consultations so you can get the information you need. 

What Is the Difference Between Divorce and Legal Separation?

In Illinois, a divorce (also called "dissolution of marriage") legally ends a marriage. Once a divorce is finalized, both spouses are free to remarry and live completely separate legal lives. The court divides property, decides whether alimony is appropriate, and, if relevant, makes decisions about child support and child custody.

A legal separation, on the other hand, does not end the marriage. It allows couples to live apart while remaining legally married. The court can still decide issues like property division, maintenance, and child support, but the spouses cannot remarry or file taxes as single individuals.

In short, divorce closes the chapter, while legal separation places the marriage on hold.

Why Older Couples Sometimes Consider Legal Separation

Couples over 50 face a different set of concerns when it comes to divorce. Many have spent decades sharing finances, raising children, and planning for retirement together. For some, the idea of ending that legal and emotional bond feels too final, even if living together is no longer possible.

Others may turn to legal separation for financial or health-related reasons. For example, one spouse might rely on the other’s employer-sponsored health insurance coverage, which would end after a divorce. Legal separation can also let one spouse stay eligible for Social Security spousal benefits or certain pension rights that depend on marital status.

In cases where religious or cultural beliefs discourage divorce, legal separation can provide a practical alternative.

Choosing Between Divorce and Legal Separation

The best choice for you depends on your goals, your finances, and your emotional readiness. If you are uncertain about whether you and your spouse may eventually get back together, a legal separation might give you the space to decide. But if you are ready to move on and want clear boundaries, divorce can often be a better option.

Call a Wheaton, IL Divorce Lawyer Today

The DuPage County family law attorneys at Divorce Over 50 - Goostree Law Group have decades of experience guiding clients through legal separation. We understand the challenges of ending a long-term marriage and can help you make confident, informed decisions about your future.

We offer free consultations and provide practical guidance based on what you want and need. To speak with a divorce lawyer, call Divorce Over 50 - Goostree Law Group at 630-634-5050 today.