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Maryland no longer recognizes legal separation: limited divorce, its former version, was repealed on October 1, 2023.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.
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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 The state's version of it, called limited divorce, was repealed effective October 1, 2023, so a Maryland court can no longer grant any legal-separation or limited-divorce decree in a new case.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 Its former version, limited divorce, was repealed effective October 1, 2023, so a Maryland court can no longer grant a legal-separation or limited-divorce decree in a new case.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.
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Maryland Requirements for Legal Separation Agreement
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).
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.
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.
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.
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.
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.
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.
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.
Frequently Asked Questions
A legal separation, where a state offers it, is a court status that lets a married couple live apart under court orders without ending the marriage. Maryland does not have this. Its former version, called limited divorce, was repealed effective October 1, 2023, and the current statute, Md. Code, Family Law 7-103, provides grounds for an absolute divorce only. So a Maryland couple cannot obtain a legal-separation or limited-divorce decree in a new case; they use a private separation agreement, temporary relief in a divorce, or an absolute divorce instead.
No. Maryland repealed limited divorce, which was its equivalent of a legal separation, effective October 1, 2023. A Maryland court can no longer enter a legal-separation or limited-divorce decree in a new case. The current statute, Md. Code, Family Law 7-103, lists grounds for an absolute divorce only. A couple that wants to live apart in Maryland now relies on a private separation agreement, on pendente lite relief once a divorce is filed, or on proceeding to an absolute divorce.
There are three. A couple can sign a private separation agreement, a contract that settles support, property, and parenting while they live apart without changing their marital status. Once a divorce is filed, either spouse can ask for pendente lite, or temporary, relief on support and custody. Or they can pursue an absolute divorce, which Maryland grants on a six-month separation, irreconcilable differences, or mutual consent (Md. Code, Family Law 7-103). None of these is a legal-separation decree, because Maryland no longer offers one.
Yes. A written separation agreement between spouses is a legally binding contract in Maryland. It can settle support, property, and parenting while the couple lives apart, and it can later be incorporated into an absolute-divorce judgment. What it does not do is change the couple's marital status: they remain married until an absolute divorce is granted, and neither may remarry. The agreement fixes the couple's rights by contract, not by a court order that makes them legally separated.
Maryland repealed limited divorce effective October 1, 2023. Before that date, limited divorce was Maryland's version of a legal separation, letting a couple live apart under court orders without ending the marriage. As of October 1, 2023, that option is gone for new cases. The current statute, Md. Code, Family Law 7-103, refers to limited divorce only to allow amending an application that was already filed before that date; it otherwise provides grounds for an absolute divorce only.
Court-ordered support in Maryland generally comes through a divorce case rather than a standalone legal-separation action, because Maryland no longer has one. Once a spouse files for absolute divorce, either party can ask the court for pendente lite, or temporary, support and custody orders while the case is pending. Before a case is filed, a couple can set support by a private separation agreement, which is a binding contract, though it is not a court order that a judge has entered.
They are handled by agreement or in a divorce, not by a legal-separation decree, which Maryland no longer offers. A couple that separates typically records support and the division of property in a written marital settlement agreement, set out separately rather than in the separation itself. If they later divorce, the court can adopt that agreement, and Maryland grants the absolute divorce on a six-month separation, irreconcilable differences, or mutual consent.
The statute preserves a narrow path for cases that were already in progress. Md. Code, Family Law 7-103 allows a court, at a hearing on the merits, to permit an oral amendment of an application for limited divorce that was filed before October 1, 2023. No new application for limited divorce can be filed after that date, because the ground was repealed. A couple beginning the process now cannot seek a limited divorce and instead uses a private separation agreement, pendente lite relief in a divorce, or an absolute divorce.