Maryland Legal Separation Agreement
Maryland no longer recognizes legal separation: limited divorce, its former version, was repealed on October 1, 2023. The options are a private separation agreement, temporary relief in a divorce, or an absolute divorce. Attorney review available.
Find out where you stand in Maryland
DocDraft provides document preparation, not legal advice.
Introduction
Maryland no longer recognizes legal separation. The state's version of it, called limited divorce, was repealed effective October 1, 2023, so a Maryland court can no longer grant any legal-separation or limited-divorce decree in a new case. The current statute, Md. Code, Family Law 7-103, sets out grounds for an absolute divorce only, and it mentions limited divorce just once, to allow amending an application that was already filed before October 1, 2023. This means a married couple in Maryland who want to live apart now have three real options, none of which is a legal-separation decree. First, they can sign a private separation agreement, which is a contract between the spouses that settles support, property, and parenting; it does not change their marital status, so they stay married and neither may remarry, but it is legally binding and can later be incorporated into a divorce judgment. Second, once one spouse files for an absolute divorce, either can ask the court for pendente lite, or temporary, relief on support and custody while the case is pending. Third, they can proceed to an absolute divorce, which Maryland now grants on a no-fault basis after the spouses have lived separate and apart for six months, on irreconcilable differences, or by mutual consent (Md. Code, Family Law 7-103). Because the detailed division of property and support belongs in the settlement, those terms are set out in a Maryland Marital Settlement Agreement rather than repeated here; when a couple is ready to end the marriage, the pleading that starts it is a Maryland Divorce Petition. DocDraft builds your Maryland separation agreement from your facts, with attorney review available before you sign.
Key Things to Know
- 1
Maryland no longer recognizes legal separation. Its former version, limited divorce, was repealed effective October 1, 2023, so a Maryland court can no longer grant a legal-separation or limited-divorce decree in a new case.
- 2
The current statute, Md. Code, Family Law 7-103, provides grounds for an absolute divorce only and refers to limited divorce solely to allow amending an application filed before October 1, 2023.
- 3
A Maryland couple that wants to live apart can sign a private separation agreement. It is a contract that settles support, property, and parenting; it does not change marital status, so they stay married and neither may remarry.
- 4
A private Maryland separation agreement is legally binding and can later be incorporated into an absolute-divorce judgment, but on its own it is a contract, not a court order that changes status.
- 5
Once a spouse files for absolute divorce in Maryland, either party can ask the court for pendente lite, or temporary, relief on support and custody while the case is pending.
- 6
Maryland now grants an absolute divorce on a no-fault basis: a six-month separation, irreconcilable differences, or mutual consent (Md. Code, Family Law 7-103).
- 7
Because the detailed division of property and support belongs in the settlement, those terms are set out in a Maryland marital settlement agreement rather than a separation decree; see the Maryland marital settlement agreement page.
Key decisions before you file
Before you file a Legal Separation Agreement in Maryland, a few decisions shape the document: which option to choose and what each one means. The Legal Separation Agreement guide walks through them.
Open the Legal Separation Agreement guideCustomize your Legal Separation Agreement Template with DocDraft
Maryland Requirements for Legal Separation Agreement
No Legal Separation in Maryland
Maryland no longer recognizes legal separation. Its former version, limited divorce, was repealed effective October 1, 2023, so a Maryland court can no longer grant a legal-separation or limited-divorce decree in a new case (Md. Code, Family Law 7-103).
Statute Now Covers Absolute Divorce Only
Md. Code, Family Law 7-103 provides grounds for an absolute divorce only and refers to limited divorce solely to allow amending an application filed before October 1, 2023.
Private Separation Agreement
A Maryland couple that wants to live apart can sign a private separation agreement. It is a contract that settles support, property, and parenting; it does not change marital status, so the couple stays married and neither may remarry.
The Agreement Is a Binding Contract
A private Maryland separation agreement is legally binding and can later be incorporated into an absolute-divorce judgment, but on its own it is a contract, not a court order that changes marital status.
Pendente Lite Relief in a Divorce
Once a spouse files for absolute divorce in Maryland, either party can ask the court for pendente lite, or temporary, relief on support and custody while the case is pending. This is how court-ordered support usually comes about, since Maryland has no standalone legal-separation action.
No-Fault Absolute Divorce Grounds
Maryland grants an absolute divorce on a no-fault basis: a six-month separation, irreconcilable differences, or mutual consent (Md. Code, Family Law 7-103). This is the route to actually ending the marriage.
Keep Property Terms in a Settlement Agreement
Because the detailed division of property and support belongs in the settlement, set those terms out in a Maryland marital settlement agreement rather than in the separation itself.
Reasons to Separate Without Divorcing
Living apart under a private agreement 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 separation like a divorce.