Deciding to end a marriage is never easy. For many couples, one of the first questions that comes up is whether to separate or move directly to divorce. While these terms are sometimes
used interchangeably, separation and divorce have very different legal meanings in Maryland—and understanding those differences can help you make informed decisions about your future.
At Billian Law, we guide clients through this emotional and complex process with compassion and clarity. Here’s what you need to know about separation versus divorce in Maryland.
What Is Separation?
In Maryland, “separation” generally refers to the period when spouses stop living together as a married couple. There is no formal “legal separation” status in Maryland, but a separation agreement can be created to settle important issues while you remain legally married. A separation agreement is a written, legally binding contract between spouses that may address:
- Division of property and debts
- Child custody, visitation, and child support
- Spousal support (alimony)
- Use of the family home
- Payment of household expenses
Couples often choose separation as a way to live apart and settle disputes before deciding whether to proceed with divorce. This can be particularly helpful if you want to avoid a contentious court battle later or if you need time to meet Maryland’s requirements for a no-fault divorce.
What Is Divorce?
Divorce, also known as “absolute divorce” in Maryland, is the legal process that terminates a marriage. Once the divorce is finalized, both parties are legally single and free to remarry.
Maryland law now allows no-fault divorce, meaning couples no longer have to prove wrongdoing like adultery or desertion. Instead, the grounds for divorce can include:
- Mutual Consent: Both parties agree to divorce and have a signed settlement agreement resolving property, support, and custody issues.
- Six-Month Separation: The parties have lived apart for at least six months before filing for divorce.
Fault-based divorces are still available in some cases, such as when there has been cruelty, excessively vicious conduct, or criminal conviction, but rather than getting a divorce based on these grounds, they can be used as a way to pursue a larger portion of assets or counsel fees.
Key Differences Between Separation and Divorce
While both separation and divorce allow couples to live apart, there are important distinctions:
- Marital Status: During separation, you remain legally married. Divorce ends the marriage entirely.
- Ability to Remarry: You cannot remarry while separated. After divorce, you are legally free to marry again.
- Health Insurance & Benefits: Separation may allow you to stay on your spouse’s health insurance or retain other marital benefits, while divorce may end those benefits.
- Property Rights: Separation agreements can outline how property is divided, but divorce legally finalizes the division of marital assets and debts.
- Flexibility: Separation gives couples time and space to reconcile if they choose. Divorce is final.
When to Choose Separation vs. Divorce
Every family’s situation is unique, and the right path depends on your goals. Some couples choose separation when they are unsure about ending the marriage or want to maintain certain benefits for a period of time. Others proceed straight to divorce when they know reconciliation isn’t an option and they want a clear, final resolution.
How Billian Law Can Help
Whether you are considering separation, divorce, or simply exploring your options, having an experienced attorney on your side is essential. At Billian Law, we can:
- Draft a comprehensive separation agreement tailored to your needs
- Negotiate property division, custody, and support issues
- Represent you in court if disputes arise
- Guide you through the divorce process from start to finish
Take the First Step
Navigating separation and divorce can feel overwhelming, but you don’t have to go through it alone. Contact Billian Law today to schedule a confidential consultation and discuss the best legal path forward for your family.