Downsides to Legal Separation in Illinois

For some couples, legal separation seems like a good alternative to divorce. It allows spouses to live apart and establish legal agreements for finances, child custody, and support, without officially ending the marriage. However, while legal separation may work in certain situations, it also comes with significant drawbacks.

At Shark Lawyers for Men, we help clients understand their legal options and the long-term consequences of separation versus divorce. Before you choose legal separation in Illinois, here’s what you need to consider.

One of the biggest downsides to legal separation is that your marriage remains intact. This means:

• You cannot remarry unless you later get a divorce.
• Your spouse may still have legal and financial claims against you.
• Certain marital benefits (such as inheritance rights) may still apply unless specifically addressed in a separation agreement.

For those who want a true fresh start, divorce is the only way to fully sever legal ties with a spouse.

Illinois follows equitable distribution laws, meaning marital assets and debts must be divided fairly in a divorce. However, in a legal separation:

• The court does not divide property unless both spouses agree to a division.
• If you and your spouse can’t agree on how to split assets, you may still have to go through a separate legal battle later if you decide to divorce.

This can leave financial matters unresolved and create complications down the road.

Even if you’re living apart, your spouse’s financial decisions could still affect you. In a legal separation, Illinois courts do not automatically separate debts unless an agreement is in place. This means:

• If your spouse takes on new debt, creditors may still come after joint accounts or co-signed loans.
• You may still be responsible for certain marital debts, depending on the separation agreement.

Without a formal divorce, your financial ties may not be completely severed.

Just like in a divorce, legal separation can involve spousal support (maintenance) payments. If you earn significantly more than your spouse, you may still be required to provide financial support, even though you’re no longer living together.

And because you’re still legally married, these payments could continue indefinitely unless the separation is converted into a divorce.

Some people believe that legal separation is a cheaper alternative to divorce, but that’s not always the case.

• Filing for legal separation still requires court fees, attorney fees, and legal agreements.
• If you later decide to divorce, you’ll have to go through another legal process, potentially doubling your legal expenses.

For many, it makes more financial sense to go straight to divorce rather than pay for both legal processes separately.

Legal separation leaves couples in a gray area—not fully together, but not fully apart. This can create emotional stress and uncertainty, especially when it comes to:

• Deciding whether to move forward with a divorce.
• Dealing with financial entanglements that remain unresolved.
• Managing expectations with new relationships, since you’re still legally married.

If the ultimate goal is to move on, legal separation can feel like delaying the inevitable.

Despite the downsides, legal separation may be the right choice in certain situations, such as:

• When religious or personal beliefs discourage divorce.
• If one spouse needs continued health insurance or other marital benefits.
• When a couple needs time apart before making a final decision on divorce.

However, for most people, divorce provides a cleaner break, allowing both spouses to move forward without lingering legal and financial ties.

Before deciding on legal separation, it’s important to consider the long-term consequences. While it may offer temporary solutions, it can also create complications that are difficult to resolve later.

At Shark Lawyers for Men, we help clients weigh their options and protect their interests, whether that means negotiating a fair separation agreement or pursuing a full divorce. If you’re unsure about which path to take, contact us today to discuss your case and find the best strategy for your future.