In Kentucky, a legal separation settles property, support, and parenting the same way a dissolution does, but the spouses stay legally married. A dissolution ends the marriage. At Wise & Associates in Louisville, both are handled on the same staged flat fees, with an upfront fee between $1,500 and $5,000.
What Is the Difference Between Legal Separation and Dissolution?
Both are filed in family court, and both require the court to find that the marriage is irretrievably broken (KRS 403.140). Both can decide the same issues: division of property and debts, maintenance, custody, timesharing, and child support. The difference is the result:
- Legal separation: the court enters a decree of legal separation. The spouses remain legally married and cannot remarry.
- Dissolution of marriage: the court enters a decree of dissolution. The marriage ends, and either spouse can remarry.
Under Kentucky law, if one spouse asks for a legal separation and the other objects, the court generally grants a dissolution instead (KRS 403.140).
How Does Each Affect Property?
Property is divided the same way in both: each spouse keeps nonmarital property, and marital property is divided in just proportions (KRS 403.190). After a decree of legal separation, property a spouse acquires is not marital property under KRS 403.190. That gives a separated spouse a clear dividing line even though the marriage continues.
How Does Each Affect Maintenance and Child Support?
Maintenance and child support work the same way in both. Maintenance is decided on need and ability to pay (KRS 403.200), and child support is set under the Kentucky child support guidelines (KRS 403.212). Custody and timesharing follow the same best-interest standard and joint custody presumption (KRS 403.270).
How Does Each Affect Health Insurance?
This depends on the health plan, not on Kentucky law. Some employer plans allow a legally separated spouse to stay covered, and many end a spouse's coverage at divorce. Under federal COBRA rules, both divorce and legal separation can be qualifying events that allow continued coverage for a limited time at the covered person's expense. Check the plan documents, or ask the plan administrator, before choosing.
Can a Legal Separation Be Converted to a Dissolution?
Yes. No earlier than one year after a decree of legal separation is entered, the court, on the motion of either spouse, converts it to a decree of dissolution of marriage (KRS 403.230). The spouses can also file a new dissolution case if both want to end the marriage sooner.
When Does Legal Separation Make Sense?
- Religious or personal reasons for staying married
- A health plan that continues coverage for a legally separated spouse
- Spouses who want a court-ordered financial and parenting arrangement but are not ready to end the marriage
When Does Dissolution Make Sense?
- Either spouse wants the marriage to end, or wants to be able to remarry
- The spouses want a clean financial break
- One spouse objects to a legal separation
Tax and benefit effects differ between the two. Talk to a tax professional about filing status before deciding.
How Wise & Associates Handles This
Frequently Asked Questions
Can I remarry after a legal separation in Kentucky?
No. A legally separated spouse is still married. Remarriage requires a decree of dissolution.
Is property I buy after a legal separation marital property?
No. Under Kentucky law, property a spouse acquires after a decree of legal separation is not marital property.
Can a legal separation become a divorce?
Yes. No earlier than one year after the decree of legal separation, either spouse can ask the court to convert it to a decree of dissolution.
What if my spouse wants a divorce and I want a legal separation?
If one spouse asks for a legal separation and the other objects, the court generally grants a dissolution instead.
Will I keep my spouse’s health insurance after a legal separation?
It depends on the health plan. Some plans allow it and many do not. Check the plan before choosing.
How much does a legal separation cost at Wise & Associates?
At Wise & Associates, legal separation uses the same staged flat fees as a dissolution: an upfront flat fee between $1,500 and $5,000, with mediation, court appearances, and trial priced before each begins.
Related Reading
- Louisville divorce and dissolution lawyer
- Pricing and staged flat fees
- Dissolution of marriage in Kentucky
- Tax consequences of divorce
Talk to a Louisville Family Lawyer
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Wise & Associates: 303 Middletown Park Pl, Suite G, Louisville, KY 40243 · (502) 618-0000 · Book a free phone consultation
Attorney advertising. This article provides general information, not legal advice. Reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.