Legal Separation

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Some states—but not all—allow you to get a legal separation instead of divorce or before you’re ready to get divorced. Although the specifics vary from state to state, the procedure for a legal separation is similar to divorce. Also, the separation judgment may address the same issues as in a divorce—such as spousal support (also known as alimony or maintenance), child custody and parenting time, child support, and the distribution of your marital property.

The big difference between legal separation and divorce is that after you get a legal separation, you’re still legally married—which means that you may not marry anyone else.

Of course, you may still decide to separate from your spouse even when your state doesn’t offer legal separation (or another similar procedure, such as “limited divorce”). And a few states require that couples live separately and apart for a period of time before they may file for divorce or get their final divorce judgment.

Unless you file for legal separation or divorce, you won’t be able to request court orders dealing with the issues discussed above. But you and your spouse could agree about those issues in a written separation agreement.

Learn more about all of these issues in the articles below.

State Separation Laws:

Divorce and Separation

A Guide to Different Types of Separation: Trial, Permanent, and Legal Separation

What does it mean to be separated? What's the difference between trial, permanent, and legal separation?
Separation Agreements: How to Put it in Writing

Putting your agreements in writing when you're separated.
How to Separate: Protect Your Rights Before Divorce

If you're considering filing for divorce, should you move out of your marital home? Does your state require you to separate? How can you protect your rights?
What Is a Trial Separation?

If believe there's still a chance for reconciliation or you'd like to work with your spouse on improving your communication before you file for a divorce, a trial separation may be a good option for you.
Rights During Legal Separation

Legal separation is a legal proceeding (very similar to a divorce) through which a married couple petitions (asks) a court to allow them to live separate and apart and end any marital obligations to one another. The only difference is that the couple is still technically married - that is, they have not ended their marital status and cannot remarry unless they get divorced.

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More Legal Topics

Annulment

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By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

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