Connecticut Legal Separation Agreement
Connecticut grants a decree of legal separation on the same grounds as a divorce; a couple can reconcile by filed declaration or, at any time, convert it to a divorce. Attorney review available.
Find out where you stand in Connecticut
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Introduction
Connecticut decides a legal separation on the very same grounds it uses for a divorce, issuing a court decree that keeps a couple legally married while living apart, and it then lets them either reconcile by a filed declaration or convert the decree to a divorce (C.G.S. 46b-40, 46b-65). Connecticut uses one list of grounds for both a divorce and a legal separation: a decree of dissolution or a decree of legal separation shall be granted on a finding that the marriage has broken down irretrievably, or that the parties have lived apart by reason of incompatibility for at least eighteen months, or on an enumerated fault ground such as adultery or intolerable cruelty (C.G.S. 46b-40(c)). The residency rule has two parts that are worth separating: a complaint for legal separation may be filed at any time after either party has established residence in Connecticut, but the decree may be entered only if one party has been a resident for at least the twelve months next preceding the filing or the decree (C.G.S. 46b-44). Connecticut then gives the couple two exits. If they reconcile, they can file a signed, acknowledged, and witnessed declaration that they no longer wish to be legally separated, and the decree is vacated and the complaint dismissed (C.G.S. 46b-65(a)). If either spouse instead wants to end the marriage, at any time after the decree that spouse may petition the court for a decree dissolving the marriage, and the other cannot prevent it (C.G.S. 46b-65(b)). Couples choose it 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. Connecticut divides marital property equitably, so those terms belong in a Connecticut Marital Settlement Agreement rather than in the separation itself; if you decide to end the marriage, the pleading that starts it is a Connecticut Divorce Petition. DocDraft builds your Connecticut legal separation agreement from your facts, with attorney review available before you sign.
Key Things to Know
- 1
A Connecticut decree of legal separation under C.G.S. 46b-40 keeps a couple legally married while living apart and rests on the same grounds as a divorce; neither spouse may remarry, and the marriage ends only through a later divorce.
- 2
Connecticut uses the same grounds for a legal separation as for a divorce: irretrievable breakdown, living apart by reason of incompatibility for at least eighteen months, or an enumerated fault ground such as adultery or intolerable cruelty (C.G.S. 46b-40(c)).
- 3
A complaint for legal separation may be filed at any time after either party has established residence in Connecticut (C.G.S. 46b-44(a)); there is no waiting period just to file.
- 4
The decree itself needs longer residence: it may be entered only if one party has been a resident of Connecticut for at least the twelve months next preceding the filing or the decree, with limited exceptions (C.G.S. 46b-44(c)).
- 5
If the couple reconciles, they can file a signed, acknowledged, and witnessed declaration that they no longer wish to be legally separated, and the decree is vacated and the complaint deemed dismissed (C.G.S. 46b-65(a)).
- 6
If either spouse instead wants to end the marriage, at any time after the decree that spouse may petition for a decree dissolving the marriage, and the other party cannot prevent the conversion (C.G.S. 46b-65(b)).
- 7
Couples choose a Connecticut 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.
Key decisions before you file
Before you file a Legal Separation Agreement in Connecticut, a few decisions shape the document: which option to choose and what each one means. The Legal Separation Agreement guide walks through them.
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Connecticut Requirements for Legal Separation Agreement
Court Decree of Legal Separation
Connecticut grants a court decree of legal separation (C.G.S. 46b-40). The couple stays legally married while living apart, and neither spouse may remarry. The marriage ends only through a later divorce.
Same Grounds as a Divorce
A decree of legal separation is granted on the same grounds as a divorce: irretrievable breakdown, living apart by reason of incompatibility for at least eighteen months, or an enumerated fault ground such as adultery or intolerable cruelty (C.G.S. 46b-40(c)).
File Once Residence Is Established
A complaint for legal separation may be filed at any time after either party has established residence in Connecticut (C.G.S. 46b-44(a)). There is no waiting period simply to file the case.
Twelve-Month Residence for the Decree
The decree may be entered only if one party has been a resident of Connecticut for at least the twelve months next preceding the filing or the decree, unless the party was domiciled here at the marriage and returned intending to stay, or the cause arose after moving in (C.G.S. 46b-44(c)).
Reconciliation Vacates the Decree
If the parties reconcile, they may file a signed, acknowledged, and witnessed declaration that they no longer wish to be legally separated; the decree is then vacated and the complaint deemed dismissed (C.G.S. 46b-65(a)), restoring the marriage without a new case.
Either Party May Convert to a Divorce
At any time after the entry of a decree of legal separation, either party may petition the superior court for a decree dissolving the marriage, and the other party cannot prevent the conversion (C.G.S. 46b-65(b)).
Property and Alimony in the Settlement
Connecticut is an all-property equitable-distribution state and the court can order alimony. Because this is the same division used in a divorce, keep those terms in a Connecticut marital settlement agreement rather than in the separation itself.
Reasons to Choose Separation Over Divorce
A Connecticut legal separation keeps the marriage in place, which can preserve a spouse's health insurance, help reach the ten-year mark for certain military and Social Security benefits, or serve religious or trial-step reasons. Confirm insurance effects with the plan, since many treat a legal separation like a divorce.