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Family Law

What is Legal Separation?

Updated January 24, 2026

A court process in which spouses remain legally married but live apart under court orders that can address property, debts, support, custody and parenting time.

Understanding Legal Separation

A legal separation resolves many of the same issues as a divorce, but at the end the spouses are still married and cannot remarry. People choose legal separation for religious reasons, to keep certain benefits that depend on marriage (subject to the rules of the benefit plan), to meet a residency requirement before filing for divorce, or because they are not ready to divorce. Not every state offers legal separation, and the name and effect vary (some states call it separate maintenance or divorce from bed and board). In some states, a legal separation can later be converted into a divorce.

Examples

  • 1Spouses who separate for religious reasons with court orders for support and custody
  • 2A couple that files for legal separation while one spouse meets the residency requirement for divorce
  • 3A legal separation later converted into a divorce

Why This Matters in Legal Cases

Legal separation can look like a softer option, but the property and support orders can be as binding as those in a divorce. Clients also sometimes assume they can keep health insurance or other benefits through a legal separation, which depends on the specific plan and is not guaranteed. Understanding what a separation does and does not change helps clients choose the right path.

Frequently Asked Questions

What is the difference between legal separation and divorce?

Both can divide property and debts and set support, custody and parenting time. After a divorce the marriage is over and each spouse can remarry. After a legal separation the spouses are still legally married.

Do I have to be legally separated before I can divorce?

In most states, no. Some states require a period of living separately before certain divorces, which is different from a court-ordered legal separation. Check the requirements in your state.

Is legal separation available in every state?

No. Some states do not offer legal separation, and others use a different name, such as separate maintenance. The procedures and effects vary by state.
Last updated: January 24, 2026
Reviewed by: Quilia Legal Content Team

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