Legal Separation Vs Divorce in Missouri - Pros and Cons

Finder Law Serves Clients Across Jefferson City, Columbia, and Central Missouri

April 22, 2025

Understanding Legal Separation vs. Divorce in Missouri: Pros and Cons

When a marriage faces challenges, spouses often explore different legal options to either take a break or end the relationship. In Missouri, two primary legal routes exist for couples in this situation: legal separation and divorce. While both processes can help a couple navigate the complexities of their relationship, they differ significantly in their implications. Below, we’ll explore what each of these options entails, their pros and cons, and how they can impact your future.

What Is Legal Separation in Missouri?

Legal separation is a court-approved arrangement where a married couple remains legally married but lives apart. It involves the same legal process as divorce in terms of resolving issues like child custody, child support, property division, and spousal support. However, at the end of a legal separation, the couple remains married and cannot remarry unless they decide to divorce later.


A legal separation agreement typically includes:


  • Child custody and visitation arrangements: The couple will determine where the children will live and the visitation schedule.

  • Child and spousal support: The court may order one spouse to pay support to the other, just like in a divorce.

  • Property division: Assets and debts are divided between the spouses, though they remain legally married.

  • Health insurance: The spouse may be able to retain health insurance coverage under the other spouse's plan for a limited time.

What Is Divorce in Missouri?

Divorce, or dissolution of marriage, is the legal termination of a marriage. In Missouri, a divorce dissolves the legal bonds of marriage, and the spouses are no longer legally connected. The court finalizes the division of property, child custody, and support issues, and both individuals are free to remarry.



In Missouri, you can file for divorce based on “irretrievable breakdown of the marriage,” meaning that the marriage is beyond repair. You do not need to prove fault or wrongdoing to obtain a divorce.

Key Differences Between Legal Separation and Divorce

1. Marriage Status:

  • Legal Separation: The couple remains legally married but lives apart. They cannot marry anyone else while separated.
  • Divorce: The marriage is legally terminated, and both individuals are free to remarry.

2. Finality:

  • Legal Separation: This can be a temporary arrangement, and the couple can later choose to reconcile or convert the separation into a divorce.
  • Divorce: Divorce is final, and there’s no going back. Once divorced, the marriage is over.

3. Health Insurance:

  • Legal Separation: One spouse may remain on the other's health insurance plan.
  • Divorce: After divorce, a spouse may lose coverage under the other spouse’s health insurance plan unless agreed otherwise.

4. Property Division:

  • Legal Separation: Property division occurs, but the couple remains married, which can affect tax filing status and some other legal considerations.
  • Divorce: The division of property is final, and both spouses have legal freedom to manage their individual finances and property moving forward.

Pros and Cons of Legal Separation in Missouri

Pros:

  • Religious or Personal Beliefs: Legal separation allows couples to live apart while staying married, which can be an important option for those whose religious beliefs or personal values discourage divorce.
  • Time to Reconcile: It provides time for couples to work on their issues and potentially reconcile without fully ending the marriage.
  • Health Insurance: As long as the couple remains legally married, one spouse may be able to maintain health insurance coverage through the other’s employer plan.
  • Financial Protection: It can offer financial stability for one spouse who depends on the other for support while they figure out the future of the marriage.

Cons:

  • No Remarriage: Since the couple remains married, neither spouse can remarry during a legal separation.
  • Complex Legal Process: Even though it doesn’t dissolve the marriage, legal separation still requires legal proceedings, which can be expensive and time-consuming.
  • Limited Benefits: Legal separation may limit certain legal rights, such as tax benefits and the ability to claim a spouse's Social Security benefits in the future.

Pros and Cons of Legal Separation in Missouri

Pros:

  • Finality and Closure: Divorce provides the opportunity for a clean break and the ability to start fresh with a new chapter in life. It allows both individuals to move on legally, emotionally, and financially.
  • Freedom to Remarry: Once divorced, both parties are free to remarry, which is not possible under legal separation.
  • Final Property and Financial Division: Divorce results in the final division of property, meaning that each spouse can legally control their own assets and debts going forward.

Cons:

  • Emotional Toll: Divorce can be an emotionally draining process, especially if children are involved, as it requires significant life changes for both spouses.
  • Health Insurance: After divorce, one spouse may lose coverage under the other’s health insurance plan, which can be a financial burden.
  • Costs and Complexity: Divorce often involves a lengthy and costly legal process, especially when complex issues such as child custody, support, and property division are involved.
  • Tax Implications: Divorced individuals may face tax changes, such as the loss of filing jointly and the impact of spousal or child support payments.

Which Option Is Right for You?

Choosing between legal separation and divorce depends on your specific circumstances and future goals. If you are unsure about ending the marriage but need time apart to evaluate your relationship, legal separation may be a good option. It offers flexibility while still addressing important issues such as custody and support.


On the other hand, if you and your spouse have reached a point where there is no possibility of reconciliation, divorce may be the best option to allow both individuals to move forward with their lives. A divorce is final, and while it can be a difficult decision, it can also provide emotional and financial freedom.


Consulting with a Missouri family law attorney can help clarify which option is best for your situation. They can guide you through the legal process, ensuring that your rights and interests are protected whether you pursue legal separation or divorce.

Conclusion

Both legal separation and divorce are viable options for couples in Missouri facing marital challenges, but they come with different consequences. Legal separation offers a chance for couples to live apart without officially ending the marriage, whereas divorce ends the legal relationship and allows for a fresh start. By weighing the pros and cons of each and seeking professional legal advice, couples can make an informed decision that aligns with their needs and future plans. If you need help pursuing a legal separation or divorce, call Daniel Finder at Finder Law, LLC. With over 10 years of experience in family law, he can guide you through either process and help ensure your goals are achieved.

This blog is for informational purposes only and does not constitute legal advice. For specific guidance, please contact our office directly.

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