Mississippi Legal Separation Agreement
Mississippi does not recognize a statutory legal separation; the options are separate maintenance in chancery court, a private separation agreement, or a divorce. Attorney review available.
Find out where you stand in Mississippi
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Introduction
Mississippi does not recognize a statutory legal separation. The Mississippi Code's domestic-relations title provides for marriage, divorce and alimony, and annulment, but it has no legal-separation chapter, so a Mississippi couple cannot obtain a decree that makes them legally separated (Miss. Code Ann. Title 93). A married couple who want to live apart in Mississippi have three real options instead. First, the nearest court remedy is separate maintenance, which the chancery courts created through case law rather than by statute. It lets a spouse who is not at fault for the separation and who is financially dependent ask the court to order the other spouse to provide support while they live apart. Separate maintenance orders support only; it does not change the couple's marital status and does not divide the marital estate the way a divorce does. Second, the couple can sign a private separation agreement, a contract that settles support, property, and parenting; it does not change marital status, so they stay married and neither may remarry, but it is legally binding and can later be incorporated into a divorce. Third, they can proceed to a divorce, which Mississippi grants on fault grounds or, by the parties' agreement, on the ground of irreconcilable differences (Miss. Code Ann. Title 93, Chapter 5). Because the detailed division of property and support belongs in the settlement, those terms are set out in a Mississippi Marital Settlement Agreement rather than repeated here; when a couple is ready to end the marriage, the pleading that starts it is a Mississippi Divorce Petition. DocDraft builds your Mississippi separation agreement from your facts, with attorney review available before you sign.
Key Things to Know
- 1
Mississippi does not recognize a statutory legal separation. The Mississippi Code's domestic-relations title has chapters for marriage, divorce and alimony, and annulment, but no legal-separation chapter (Miss. Code Ann. Title 93).
- 2
The nearest court remedy is separate maintenance, which the Mississippi chancery courts created through case law, not by statute. It lets a dependent spouse who is not at fault for the separation ask the court to order support while the couple lives apart.
- 3
Mississippi separate maintenance orders support only. It does not change the couple's marital status and does not divide the marital estate the way a divorce does.
- 4
A Mississippi couple can sign a private separation agreement, a contract that settles support, property, and parenting. It does not change marital status, so they stay married and neither may remarry.
- 5
A private Mississippi separation agreement is legally binding and can later be incorporated into a divorce, but on its own it is a contract, not a court order that makes the couple legally separated.
- 6
To actually end the marriage, a Mississippi couple divorces, which the state grants on fault grounds or, by the parties' agreement, on the ground of irreconcilable differences (Miss. Code Ann. Title 93, Chapter 5).
- 7
Because the detailed division of property and support belongs in the settlement, those terms are set out in a Mississippi marital settlement agreement rather than a separation decree; see the Mississippi marital settlement agreement page.
Key decisions before you file
Before you file a Legal Separation Agreement in Mississippi, 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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Mississippi Requirements for Legal Separation Agreement
No Statutory Legal Separation
Mississippi does not recognize a statutory legal separation. The domestic-relations title of the Mississippi Code has chapters for marriage, divorce and alimony, and annulment, but no legal-separation chapter (Miss. Code Ann. Title 93).
Separate Maintenance Is Court-Created
The nearest remedy is separate maintenance, which the Mississippi chancery courts created through case law rather than by statute. A dependent spouse who is not at fault for the separation can ask the court to order support while the couple lives apart.
Separate Maintenance Orders Support Only
Mississippi separate maintenance orders support only. It does not change the couple's marital status and does not divide the marital estate the way a divorce does.
Private Separation Agreement
A Mississippi couple can sign a private separation agreement, a contract that settles support, property, and parenting. It does not change marital status, so they stay married and neither may remarry.
The Agreement Is a Binding Contract
A private Mississippi separation agreement is legally binding and can later be incorporated into a divorce, but on its own it is a contract, not a court order that makes the couple legally separated.
Divorce Ends the Marriage
To end the marriage, a Mississippi couple divorces, which the state grants on fault grounds or, by the parties' agreement, on the ground of irreconcilable differences (Miss. Code Ann. Title 93, Chapter 5).
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 Mississippi marital settlement agreement rather than in the separation itself.
Reasons to Separate Without Divorcing
Living apart under a private agreement or separate maintenance 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.