Louisiana Legal Separation Agreement
Louisiana does not offer legal separation for an ordinary marriage; separation from bed and board was abolished in 1990 and survives only for covenant marriages. Attorney review available.
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Introduction
Louisiana does not offer a legal separation for most married couples. The old remedy of separation from bed and board was abolished for ordinary marriages in 1990, so a couple in a standard Louisiana marriage cannot get a court decree that keeps them married while dividing property and support. The one exception is a covenant marriage: a spouse in a covenant marriage can still obtain a judgment of separation from bed and board, but only on specific fault grounds listed by statute, such as adultery, a felony sentence, abandonment for one year, physical or sexual abuse, living apart for two years, or habitual intemperance or cruel treatment (La. R.S. 9:307). For everyone else, there are three real ways to handle a separation. First, spouses can sign a private separation agreement, which is a contract between them, not a court order; it can settle how they will live apart and handle money, but it does not change their marital status and they stay married. Second, once a divorce is filed, a Louisiana court can enter interim orders, such as interim spousal support, while the case is pending. Third, they can divorce: Louisiana Civil Code article 102 lets a spouse file first and then live apart for 180 days with no minor children or 365 days with minor children, and article 103 allows a divorce when the spouses have already lived apart that long, or an immediate divorce on adultery or a felony sentence. Louisiana is a community-property state, and because dividing the community is the same work done in a divorce settlement, those terms belong in a Louisiana Marital Settlement Agreement; the pleading that starts a divorce is a Louisiana Divorce Petition. DocDraft builds your Louisiana separation agreement from your facts, with attorney review available before you sign.
Key Things to Know
- 1
Louisiana does not offer a legal separation for an ordinary marriage. Separation from bed and board was abolished for ordinary marriages in 1990, so a standard Louisiana couple cannot get a court decree that keeps them married while settling property and support.
- 2
The only exception is a covenant marriage. A spouse in a covenant marriage can still obtain a judgment of separation from bed and board, but only on specific fault grounds such as adultery, a felony sentence, abandonment for one year, abuse, living apart for two years, or habitual intemperance or cruel treatment (La. R.S. 9:307).
- 3
A private separation agreement in Louisiana is a contract, not a court order. Spouses can sign one to set how they will live apart and handle money, but it does not change their marital status; they remain married until a divorce is granted.
- 4
Once a divorce is filed, a Louisiana court can enter interim orders while the case is pending, such as interim spousal support, so spouses are not left without support during the process.
- 5
Louisiana divorce runs on separation periods. Under Civil Code article 102 a spouse files first and then lives apart for 180 days with no minor children or 365 days with minor children; under article 103 the spouses have already lived apart that long, or a divorce is immediate on adultery or a felony sentence.
- 6
Because Louisiana has no legal-separation decree for ordinary marriages, living apart by itself does not create enforceable rights. Rights are fixed by a signed agreement or by court orders in a divorce.
- 7
Louisiana is a community-property state. Because dividing the community is the same work done in a divorce settlement, those terms belong in a Louisiana marital settlement agreement rather than in a separation document; see the Louisiana marital settlement agreement page.
Key decisions before you file
Before you file a Legal Separation Agreement in Louisiana, 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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Louisiana Requirements for Legal Separation Agreement
No Legal Separation for Ordinary Marriages
Louisiana does not offer a legal separation for an ordinary marriage. Separation from bed and board was abolished for ordinary marriages in 1990, so a standard couple cannot obtain a court decree that keeps them married while settling property and support.
Covenant-Marriage Exception
A spouse in a Louisiana covenant marriage can still obtain a judgment of separation from bed and board, but only on the fault grounds listed in La. R.S. 9:307 (adultery, a felony sentence, abandonment for one year, abuse, living apart two years, or habitual intemperance or cruel treatment). La. R.S. 9:308 sets the procedure.
Private Separation Agreement Is a Contract
Spouses can sign a private written separation agreement to set how they will live apart and handle money. It is a contract, not a court order, and it does not change marital status; the couple remains married until a divorce is granted.
Interim Orders in a Pending Divorce
Once a divorce is filed, a Louisiana court can enter interim orders while the case is pending, such as interim spousal support, so spouses are not left without support during the process.
Divorce Under Civil Code Article 102
Under Louisiana Civil Code article 102 a spouse files a petition first, then the spouses live apart for 180 days with no minor children or 365 days with minor children of the marriage before the divorce can be finalized.
Divorce Under Civil Code Article 103
Under Louisiana Civil Code article 103 the spouses have already lived apart for 180 days (no minor children) or 365 days (minor children) before filing, or a divorce is immediate on grounds of adultery or a felony sentence.
Living Apart Does Not Fix Rights
Because Louisiana has no legal-separation decree for an ordinary marriage, simply living apart does not fix each spouse's property or support rights. Those rights are set by a signed agreement or by court orders once a divorce is filed.
Community Property Division
Louisiana is a community-property state. Property acquired during the marriage is generally community and is divided in a divorce or by the spouses' own agreement. Because this is the same division used in a divorce, set it out in a Louisiana marital settlement agreement rather than in a separation document.