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Legal Separation Agreement

Legal separation lets a married couple live apart and settle property, support, and parenting while staying married, so neither may remarry. Whether your state offers it varies. Attorney review available.

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Introduction

A legal separation lets a married couple live apart and settle their property, debts, support, and parenting while staying legally married, which means neither spouse may remarry. It is different from a divorce, which ends the marriage, and different from simply living in separate homes, which by itself usually does not fix anyone's legal rights. People choose legal separation over divorce for concrete reasons: to keep a spouse on health insurance, to reach the ten-year mark that unlocks certain military and Social Security spousal benefits, for religious reasons that discourage divorce, or as a trial step before deciding whether to divorce. The single most important thing to know is that availability varies by state. Some states let a court enter a judgment or decree of legal separation that formally changes the couple's status. Some states offer no legal-separation status at all but do allow a court action for separate maintenance, for divorce from bed and board, or for support without a divorce. And a few states, including Texas and Pennsylvania and historically Delaware and Mississippi, do not recognize legal separation at all, so the only options there are a private written separation agreement, which is a contract, or a divorce. Because the vehicle, its name, and any residency or grounds rule are set by state law, the specifics differ from state to state. A separation is also not the same as the written contract that divides property and sets support; that document is a marital settlement agreement, which you can read about at Marital Settlement Agreement, and the pleading that starts a divorce is a Divorce Petition. Select your state to see whether it offers legal separation, what it is called there, and how it works. DocDraft builds your legal separation agreement from your facts, with attorney review available before you sign.

Key Things to Know

  1. 1

    A legal separation lets a married couple live apart and settle property, debts, support, and parenting while staying legally married, so neither spouse may remarry. It is not a divorce and does not end the marriage.

  2. 2

    Availability varies by state, and this is the first question to answer. Some states let a court enter a judgment or decree of legal separation, some offer only a separate maintenance, bed-and-board, or support action, and a few do not recognize legal separation at all.

  3. 3

    In a state that does not recognize legal separation, such as Texas or Pennsylvania, the only options are a private written separation agreement, which is a contract between the spouses, or a divorce. No court will enter a legal-separation status there.

  4. 4

    People choose legal separation over divorce to keep a spouse on health insurance, to reach the ten-year mark for certain military and Social Security spousal benefits, for religious reasons, or as a trial step before deciding to divorce.

  5. 5

    A legal separation does not by itself let you remarry, because you are still married. Ending the marriage requires a separate divorce, and many states let a legal separation be converted into a divorce later.

  6. 6

    Living apart alone usually does not fix your legal rights. In most states rights to property, debts, and support are set only by a written signed agreement or by a court order or action, not by the fact of living in separate homes.

  7. 7

    A legal separation agreement is not the same as a marital settlement agreement or a divorce. The marital settlement agreement is the contract that divides property and sets support, and it is used in both a separation and a divorce; the divorce petition is what ends the marriage.

Key Decisions

Your Situation

Terms to Settle

Reason and Path

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LEGAL SEPARATION AGREEMENT

This Legal Separation Agreement is made between [SPOUSE 1 FULL NAME] and [SPOUSE 2 FULL NAME], who were married on [MARRIAGE DATE] and who have separated or intend to separate as of [DATE OF SEPARATION].

Status and intent. The parties are still married and intend to remain married while living apart. This agreement does not end the marriage, and neither party may remarry unless and until the marriage is later ended by a divorce. The parties enter this agreement freely and voluntarily and have each disclosed their income, assets, and debts.

How this works in your state. Whether a court can enter a formal judgment or decree of legal separation, and what it is called, is set by the law of your state. Some states enter a judgment of legal separation; some offer only a separate maintenance, bed-and-board, or support action; and a few states do not recognize legal separation at all, so the only options are this private written agreement or a divorce. Select your state from the Legal Separation Agreement hub to see which applies.

Living arrangements. The parties will live apart at separate residences. Each party is free to live independently, and neither will interfere with the other's residence, employment, or personal life.

Property, debts, and support. The parties settle the division of their property and debts and any spousal or child support in a written settlement of terms. Because that division is functionally the same document used in a divorce, its terms are set out in a marital settlement agreement rather than repeated here; see Marital Settlement Agreement for that contract. The parties agree that: [SUMMARIZE OR ATTACH the division of property, the division of debts, and any support, or state that these are addressed in an attached marital settlement agreement].

Children and parenting. The parties have [NUMBER] minor child(ren): [NAME(S) AND DATE(S) OF BIRTH]. Custody, parenting time, and child support are addressed as follows: [DESCRIBE, OR STATE that they are set out in an attached parenting plan and support order]. The parties understand that custody and child support remain subject to court approval and modification and cannot be bargained away.

Conversion to divorce. This separation does not prevent either party from later seeking a divorce. If either party decides to end the marriage, they may file for divorce as their state allows; see Divorce Petition.

Signatures. Each party signs freely. Some states require the agreement to be signed and notarized to be enforceable; confirm your state's rule on the state page before signing.

[SPOUSE 1 SIGNATURE] Date: ______ [SPOUSE 2 SIGNATURE] Date: ______

Note: This is a general legal separation agreement template. Your state sets whether a legal-separation status exists, what it is called, any residency or grounds rule, and how a separation converts to a divorce. For your state's rule and an agreement built on it, see your state's page linked from the Legal Separation Agreement hub.

Frequently Asked Questions

In most states, living in separate homes by itself does not create enforceable legal rights. To fix rights to property, debts, and support, spouses usually need a written signed agreement or a court order or action. Some states do treat a date of separation as legally meaningful, for example as the cutoff for the marital estate, but even then a written agreement or court action is what makes the terms enforceable. What counts as being separated, and what it takes to make it binding, is set by state law.