{"id":373995,"date":"2016-09-14T14:39:36","date_gmt":"2016-09-14T19:39:36","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/massachusetts-law\/massachusetts-legal-separation-laws.html"},"modified":"2024-03-06T09:59:58","modified_gmt":"2024-03-06T14:59:58","slug":"massachusetts-legal-separation-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/massachusetts-law\/massachusetts-legal-separation-laws.html","title":{"rendered":"Massachusetts Legal Separation Laws"},"content":{"rendered":"\n
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Massachusetts Legal Separation Laws<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Rhonda Earhart, Esq.<\/a>\n | Last updated\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

Going through a breakup can be heart-wrenching. The idea of getting a divorce<\/a> may trouble you. A legal separation<\/a> may be a better option. Separation allows you to take time away from each other and work things out.<\/p>\r\n

Unfortunately, not all states recognize legal separations. Some won\u2019t enforce a separation agreement. This makes things even more difficult. Massachusetts happens to be one of these states. You can have an informal separation from your spouse, but it won’t offer the same protection as a summary dissolution<\/a> or divorce.<\/p>\r\n

For example, your spouse won\u2019t have a court order requiring them to pay you alimony during the separation. Nor will the court oversee the property division. You must file a motion with the local family law court to make this happen. You would also have to petition the court for custody of the minor children.<\/p>\r\n

Here, we\u2019ll discuss how separation works under Massachusetts law and what you can do to protect yourself during your separation. We will also explain what to do if you decide to proceed with a divorce or dissolution.<\/p>\r\n

Spousal Support and Separation<\/b><\/h2>\r\n

If a couple wants to separate in Massachusetts, they can do so without the help of a family law attorney. They can also petition the court for spousal support<\/a> without a legal order for separation from the court. This is the best option for couples who wish to live separately but want to remain married. You can do this by filing a Complaint for Separate Support<\/a>.<\/p>\r\n

People who choose this option often have religious objections to divorce or are facing financial burdens that will make it difficult to divorce.<\/p>\r\n

If you file a support case, the judge will determine if there is justifiable cause<\/a> for living apart. The following qualify as justifiable reasons for living separately:<\/p>\r\n