Legal Separation in Alabama

If you and your spouse can't live together anymore—and you want to untangle your finances and other marital affairs—divorce isn't the only option. In Alabama, you may choose to get a legal separation. Read on to learn what that means, how it works, and why you might go that route.

What's the Difference Between Separation and Divorce?

Divorce is a legal process to end a marriage. Unless the couple has signed a divorce settlement agreement, a judge will decide issues such as:

• how to divide the couple's marital property and debts fairly
• whether to award alimony (if one spouse requests it) and, if so, how much and for how long, and
• custody arrangements and support for any minor children the spouses have.

Once the judge has issued the divorce judgment, the marriage is legally dissolved, and either spouse can remarry.

Legal separation is like a divorce in some ways. The couple (or the judge) will decide the same issues. After the court issues a legal separation decree, any money the spouses earn (or other property they acquire) will be considered their separate property. The big difference is that at the end of the legal separation process, the couple is still legally married. Although the spouses can lead independent lives, neither of them can get married again unless they subsequently get a divorce. (Ala. Code § 30-2-40 (2025).)

Why Choose Legal Separation Rather Than Divorce?

Relationship issues are intensely personal. It's not always clear why a couple would choose separation instead of divorce, but some common reasons may include:

• a possibility of reconciliation (which makes separation more appealing because it's not as "final" as divorce)
• at least one spouse doesn't want the perceived stigma of being divorced
• either spouse has a religious, social, or other personal objection to divorce, and
• the spouses want to keep some of the financial benefits of a legal marriage.

However, if you're planning to get a legal separation so that one spouse can stay on the other's employer-sponsored health insurance, be sure to check first with the employer or insurance provider. Some plans treat legal separation just like divorce—meaning they would end coverage for the employee's spouse. (Learn what happens to health insurance after divorce, including options for getting new coverage.)

What Are the Requirements for Legal Separation in Alabama?

Before you can get a legal separation in Alabama, you must meet the following requirements:

• Residency requirements: The spouse who starts the process must have been a resident of the state for six months, unless the other spouse lives in Alabama.
• Grounds: The judge must determine that your marriage is irretrievably broken, you and your spouse are completely incompatible, or one of you wants to live "separate and apart."

You'll start the process by filing a complaint for a decree of legal separation. The procedures for serving and responding to the complaint are essentially the same as when you file for divorce in Alabama.

After the judge issues the legal separation decree, none of its provisions may be changed unless:

• both spouses have agreed to the change, and a judge has ratified their written agreement, or
• a judge modifies or dissolves the decree after a spouse has proved that there's been a change in circumstances.

(Ala. Code § 30-2-40 (2025).)

What's a Trial Separation?

If one or both of you are considering divorce or legal separation, you might want to think about a trial separation. That way, you can live apart for a period and reassess the relationship before involving the court.

During a temporary separation, you and your spouse may verbally agree on how to handle custody and visitation, child support, or even paying bills. This may work out fine if the two of you have an open line of communication and can cooperate.

However, it's no surprise that if you're considering a trial separation, your communication skills and relationship probably aren't as strong as they could be. So verbal agreements and best intentions might not be the best option for the long term. In the end, you'll either decide to reconcile or move forward with a permanent legal separation or divorce.

What's a Separation Agreement, and What Should It Cover?

Just as when you're getting divorced, you can save a lot of money, stress, and time if you and your spouse agree about all of the issues in your legal separation rather than going to trial and having a judge decide for you. Separation agreements should cover everything you would expect in a divorce settlement agreement, including the division of your marital property and debts, child support and custody (if you have minor children), and whether one spouse will provide financial support for the other.

If you're having trouble agreeing on all these issues, a mediator might help. Just as in divorce mediation, a neutral person who's trained in dispute resolution will meet with the two of you and try to help you find solutions that work for both of you.

Should I Hire an Attorney?

While it is possible to draft a separation agreement on your own, you should understand that it will be legally binding once a judge signs the document. So if you make a mistake, you'll have to live with it. That's one reason it's wise to have an attorney write the agreement for you. At the least, you and your spouse should each have an independent attorney review the draft agreement before you sign.

If you aren't able to reach a separation agreement by the time you file your complaint, the rest of the legal separation process will be similar to a contested divorce, which can involve formal discovery, pretrial motions, and hearings. In that situation, it's especially important to have an attorney represent you and navigate the complex court procedures.