{"id":351771,"date":"2026-02-19T12:09:35","date_gmt":"2026-02-19T17:09:35","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/divorce\/legal-separation.html"},"modified":"2026-02-19T12:09:00","modified_gmt":"2026-02-19T17:09:00","slug":"legal-separation","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/divorce\/legal-separation.html","title":{"rendered":"Legal Separation"},"content":{"rendered":"\n
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Legal Separation<\/h1>\n\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Jordan Walker, J.D.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Legal separation is a tool used by many married couples entertaining divorce. Many couples negotiate a supporting separation agreement to resolve issues like financial support and child custody.  This is beneficial for couples who are not ready to pursue a divorce.<\/p>\n\n <\/div>\n\n\n\n

Many married couples separate when they are contemplating a divorce or taking a break from their relationship. Legal separation is a legal process where a couple formalizes their decision to live separate lives.<\/p>\n

Benefits of Legal Separation<\/h2>\n

Legal separation offers several benefits. It offers such benefits to couples wanting to remain legally married but live separate lives. Examples of these benefits include:<\/p>\n

Financial Considerations<\/h3>\n

Legal separation allows a couple to keep certain financial benefits that are tied to marriage. Some financial reasons for legal separation include joint health insurance benefits and joint tax benefits. It may even include potential eligibility for pension or social security benefits.<\/p>\n

At the same time, with legal separation, the division of assets and liabilities may be handled in a more temporary way. This is true of the division of bank accounts, retirement accounts, and any other accounts a couple may share. Where financial decisions like these are more final in a divorce, they are more temporary in a legal separation. The same is true of the division of property. Division of property may be handled in a more temporary way, as well.<\/p>\n

Time for Reflection<\/h3>\n

Legal separation provides couples with time to evaluate their relationship. This is possible through a trial separation before seeking a more permanent separation.<\/p>\n

Personal or Religious Beliefs<\/h3>\n

Legal separation allows for couples who have personal or religious reasons to maintain a marriage with an alternative option. The couple can remain married while living separately.<\/p>\n

Legal Protection<\/h3>\n

Couples can negotiate separation agreements to provide clarity on their rights in a separation. Like divorce decrees, separation agreements settle issues like child custody and child support. They also allow for the settlement of issues like spousal support or alimony.<\/p>\n

Potential Reconciliation<\/h3>\n

Having a structured agreement in place can relieve the couple of decision-making pressure. This is helpful because these situations are already difficult enough. This might give the couple an opportunity to work on their issues and attempt to reconcile.<\/p>\n

Couples can agree to these matters without court involvement. Obtaining a court-approved separation makes it easier to enforce these rights if a dispute arises.<\/p>\n

Legal Separation vs. Divorce<\/h2>\n

A court-approved separation doesn’t end a marriage. The rights and obligations of each spouse are clarified under the separation order. But the marriage still legally exists. For this reason, people who separate legally may not marry a new spouse without breaking bigamy laws.<\/p>\n

An advantage is that separated couples can easily return to life together should they decide to reconcile. If a couple chooses a formal divorce but wants to get back together, they must get married again. Unlike divorce proceedings, separated couples simply need to submit a request to the court to resume the marriage. A couple could decide to end the marriage permanently. But a legal separation agreement simplifies the divorce process.<\/p>\n

Grounds for legal separation typically mirror state\u00a0grounds for divorce.<\/a>\u00a0It can include the following:<\/p>\n