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.
Find out where you stand — what state are you in?
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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
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
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
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
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
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
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
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
A legal separation keeps you married while you live apart and settle your affairs; a divorce ends the marriage. Knowing which you want shapes the document and whether your state can help.
Separate but stay legally married for now
You want to live apart and settle property, support, and parenting without ending the marriage. This is the core of a legal separation.
Most Common OptionSet terms now and decide about divorce later
You want a written agreement fixing your rights while you keep the option to reconcile or to convert to a divorce.
I expect to divorce and want a head start
You plan to end the marriage. A settlement agreement now can carry into the divorce; see the divorce petition and marital settlement agreement pages.
Availability varies. Some states enter a judgment or decree of legal separation, some offer only a separate maintenance or support action, and a few do not recognize legal separation at all, where a private agreement or divorce are the only options.
My state offers a legal separation judgment
A court in your state can enter a judgment or decree of legal separation. Your state page shows the grounds, any consent rule, and residency.
Most Common OptionI am not sure what my state offers
Check your state page first. It says whether your state grants a decree, offers only a support or bed-and-board action, or does not recognize legal separation.
My state does not recognize legal separation
In states like Texas and Pennsylvania, your options are a private written separation agreement, which is a contract, or a divorce.
Terms to Settle
A separation can address property and debts, spousal support, and children. Property and support terms are the same ones a marital settlement agreement covers, so those can be handled in that document and referenced here.
Property, debts, and support only
You have no minor children, so the agreement focuses on dividing property and debts and setting any spousal support.
Most Common OptionProperty and support plus children
You have minor children, so the agreement also addresses custody, parenting time, and child support, which stay subject to court approval.
Mainly to fix a date and status
You want to establish that you are separated and preserve status-linked benefits, with the money terms handled separately.
Reason and Path
The reason often drives the details. Keeping a spouse on health insurance, reaching the ten-year mark for certain military or Social Security benefits, religious reasons, and using separation as a trial step are the common ones.
To keep health insurance or benefits
Staying married can preserve insurance or a length-of-marriage benefit. Confirm with the plan or agency, since many treat a legal separation like a divorce.
Most Common OptionReligious or personal reasons
You prefer not to divorce for religious or personal reasons but still want your affairs settled while living apart.
A trial step before deciding
You want time apart with clear terms, keeping the option to reconcile or to convert the separation into a divorce later.
Legal Separation Agreement Requirements
Still-Married Status
The agreement must make clear that the couple stays legally married while living apart, so neither spouse may remarry. A legal separation is not a divorce and does not dissolve the marriage.
Reason for Separating
The reason for choosing separation over divorce, such as keeping a spouse on health insurance, reaching the ten-year mark for certain military or Social Security benefits, religious reasons, or a trial step. The reason can affect how terms are structured.