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Divorce and Legal Separation in Colorado

Lesson Summary. Years ago, a legal separation was a popular alternative to a divorce. The reason is that most employer-paid health insurance plans would cover a legally-separate spouse. However, today most insurance plans will no longer cover the legally-separated spouse. Therefore, today there is little incentive to do a legal separation.

Divorce & Legal Separation

Married couples who decide to split up, proceed with either a divorce or a legal separation.

Divorce

Divorce is a legal proceeding where a marriage is dissolved.

The end result is that all legal ties are terminated, except for any parenting orders and any maintenance (alimony) orders. Neither husband nor wife has any legal obligations to the other. Neither have any rights of inheritance. Normally they no longer own property together. They are not liable for the other person’s debts which are incurred after the divorce decree.

Divorced couples are free to marry again.

Legal Separation

A legal separation involves the same legal process and almost the same legal result as a divorce. Except that the parties are still legally married.

Years ago, legal separation was a popular alternative to divorce because employer- provided insurance can still cover both parties and the children, even if they are legally separated.

However, today most employer-provided health insurance plans do not allow a legally-separated spouse to be covered. Particularly if the husband and wife do not live together.

Therefore, today in most cases there is no financial incentive for either party to do a legal separation.

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