Separation of bodies and de facto separation: what differences?

Verified 17 May 2023 - Legal and Administrative Information Directorate (Prime Minister)

The body separation is a procedure provided for by law and which concerns only married couples. She allows spouses to remain married while being allowed to no longer live together.

The de facto separation does not exist in the law. It's a situation in which the spouses choose not to live together anymore. All obligations related to marriage remain. The duty of cohabitation still exists, even if the spouses have chosen to live separately.

Tableau - Differences between a body separation and a factual separation

Body Separation

De facto separation

Does it have legal value?

Yes

No

Should a procedure be followed (by mutual or judicial consent)?

Yes

No

Do you need a lawyer?

Yes

No, because no procedure is required

Do you have to go through divorce proceedings?

Yes

Yes

Duty to cohabit

No

Yes, according to the law, because it is an obligation of marriage

Separation of assets

Yes

No, unless the spouses have a marriage contract of the separation of goods

Duty to rescue

Yes

Yes

Contribution to the expenses of marriage

No

Yes

Maintenance for a child

Possible. It may be laid down in a convention or in a judgment.

Possible. The spouses may seize the Jaf: titleContent.

Heir of the spouse

Yes, unless otherwise specified in the legal separation agreement by mutual consent

Yes

Use of spouse's name

Yes, unless otherwise specified in the legal separation agreement by mutual consent

Yes

Possibility to resume common life

Yes

Yes

Joint tax return

No

Yes

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