Tennessee Legal Separation Agreement

Q: What is a legal separation in Tennessee?

In Tennessee, a legal separation is a court decree by which a married couple formally separates while staying legally married (Tenn. Code Ann. 36-4-102). The spouses live apart, and the court may address custody, visitation, support, and property, but the marriage is not dissolved and neither spouse may remarry. It differs from a divorce, which ends the marriage, and from simply living apart, which by itself does not create a legal-separation decree.

Q: Does Tennessee offer legal separation?

Yes. Tennessee is a state where a court can grant a decree of legal separation (Tenn. Code Ann. 36-4-102). Not every state offers this: some provide only a support or separate-maintenance action, and a few do not recognize legal separation at all. Tennessee does, and it treats a legal separation as a distinct outcome from a divorce, filed on the same grounds but leaving the marriage in place.

Q: What are the grounds for a legal separation in Tennessee?

The grounds are the same as for a divorce. A complaint for legal separation sets forth the grounds in substantially the language of the Tennessee divorce statute (Tenn. Code Ann. 36-4-102, 36-4-101). That includes no-fault grounds such as irreconcilable differences and fault grounds such as adultery, abandonment, and inappropriate marital conduct. A party who could file for divorce can instead file for legal separation on those grounds.

Q: How is a Tennessee legal separation different from a divorce?

A Tennessee divorce ends the marriage, so both people are single again and free to remarry. A Tennessee legal separation keeps the marriage in place: the couple lives apart and the court may order custody, support, and a division of issues, but they stay married and neither may remarry. A legal separation is filed on the same grounds as a divorce and can later be converted to an absolute divorce.

Q: Can a Tennessee legal separation be converted into a divorce?

Yes. Where a decree of legal separation has been in force for more than two years and the parties have not reconciled, either party may petition the court to grant an absolute divorce (Tenn. Code Ann. 36-4-102). The statute also allows the court to grant an absolute divorce before the two-year period expires. The earlier legal separation does not block a later divorce.

Q: How are property and support handled in a Tennessee legal separation?

During a legal separation a Tennessee court may provide for support and for property issues on the motion of either party or by the parties' agreement (Tenn. Code Ann. 36-4-102). Marital property is divided by equitable distribution, which is a fair division and not necessarily an equal one. Because the division itself is the same one used in a divorce, those terms are set out in a Tennessee marital settlement agreement rather than repeated here.

Q: Do both spouses have to agree to a legal separation in Tennessee?

No. A Tennessee legal separation is filed on the same grounds as a divorce, so one spouse can seek it. During the legal separation the court may address custody, support, and property either on the motion of a party or by the parties' agreement (Tenn. Code Ann. 36-4-102). Spouses who agree on terms can present them to the court, but agreement is not required to obtain the decree.

Q: Why choose a legal separation instead of a divorce in Tennessee?

People choose a Tennessee legal separation over divorce for practical or personal reasons. Staying married can keep one spouse on the other's health insurance, though many plans treat a legal separation like a divorce, so confirm with the insurer. Reaching ten years of marriage can matter for certain military and Social Security spousal benefits. Some couples separate for religious reasons, and others use it as a trial step before deciding whether to divorce.

Tennessee grants a court decree of legal separation on the same grounds as divorce, and after the decree has stood more than two years either spouse may convert it to an absolute divorce. Attorney review available.

Find out where you stand in Tennessee

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Introduction

Tennessee grants a court decree of legal separation, so a married couple can live apart under a court order while staying legally married and unable to remarry (Tenn. Code Ann. 36-4-102). A complaint for legal separation sets forth the grounds in substantially the language of the Tennessee divorce statute, which means the same fault and no-fault grounds that support a divorce also support a legal separation (Tenn. Code Ann. 36-4-102, 36-4-101). During the legal separation the court may provide for child custody, visitation, support, and property issues on the motion of either party or by the parties' agreement. A legal separation does not end the marriage, and it does not close off a divorce later: where a decree of legal separation has been in force for more than two years and the parties have not reconciled, either party may petition the court for an absolute divorce, and the court may also grant an absolute divorce before the two-year period expires (Tenn. Code Ann. 36-4-102). Couples choose a Tennessee 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. Tennessee divides marital property by equitable distribution, which is the same division used in a divorce, so rather than repeat it here those terms belong in a Tennessee Marital Settlement Agreement; if you decide to end the marriage instead, the pleading that starts it is a Tennessee Divorce Petition. DocDraft builds your Tennessee legal separation agreement from your facts, with attorney review available before you sign.

Key Things to Know

1
Tennessee grants a court decree of legal separation, so a couple can live apart under a court order while staying legally married; neither spouse may remarry, and the marriage ends only through a later absolute divorce (Tenn. Code Ann. 36-4-102).
2
The grounds for a Tennessee legal separation are the same as for a divorce. A complaint for legal separation sets forth the grounds in substantially the language of the divorce statute, so the fault and no-fault grounds in Tenn. Code Ann. 36-4-101 apply (Tenn. Code Ann. 36-4-102).
3
During a Tennessee legal separation the court may provide for child custody, visitation, support, and property issues, on the motion of either party or by the parties' agreement (Tenn. Code Ann. 36-4-102).
4
A Tennessee legal separation does not end the marriage and does not bar a later divorce. Where the decree has been in force more than two years and the parties have not reconciled, either party may petition for an absolute divorce (Tenn. Code Ann. 36-4-102).
5
A Tennessee court may grant an absolute divorce before the two-year period expires; the two-year rule is the point at which either party may petition to convert the standing legal separation, not a mandatory wait (Tenn. Code Ann. 36-4-102).
6
Couples choose a Tennessee 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 whether to divorce.
7
Tennessee divides marital property by equitable distribution, the same division used in a divorce, so those terms belong in a marital settlement agreement rather than the separation itself; see the Tennessee marital settlement agreement page.

Key decisions before you file

Before you file a Legal Separation Agreement in Tennessee, 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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LEGAL SEPARATION AGREEMENT (TENNESSEE)

In the [Circuit/Chancery] Court for [COUNTY] County, Tennessee In re: [SPOUSE 1 FULL NAME] and [SPOUSE 2 FULL NAME] Docket No. [CASE NUMBER]

This Legal Separation Agreement is made between [SPOUSE 1 NAME] and [SPOUSE 2 NAME], who were married on [MARRIAGE DATE] and separated on [DATE OF SEPARATION].

Status and intent. The parties seek a decree of legal separation, not an absolute divorce. They intend to live apart while remaining legally married, and they understand that neither may remarry unless and until the marriage is later ended by an absolute divorce. Each party enters this agreement freely and has disclosed income, assets, and debts.

Tennessee legal separation. Tennessee grants a decree of legal separation (Tenn. Code Ann. 36-4-102). A complaint for legal separation sets forth the grounds in substantially the language of the Tennessee divorce statute (Tenn. Code Ann. 36-4-101), so the same fault and no-fault grounds that support a divorce support a legal separation. The court may provide for child custody, visitation, support, and property issues during the legal separation on the motion of either party or by the parties' agreement.

Conversion to absolute divorce. A legal separation does not end the marriage. Where a decree of legal separation has been in force for more than two years and the parties have not reconciled, either party may petition the court for an absolute divorce, and the court may also grant an absolute divorce before the two-year period expires (Tenn. Code Ann. 36-4-102).

Support. The parties agree that [spousal support (alimony) of $[AMOUNT] per month shall be paid by ___ to ___ beginning [DATE] / neither party shall pay spousal support]. The court may also allocate responsibility for health insurance and other reasonable expenses during the legal separation. Child support is set under the Tennessee Child Support Guidelines and remains subject to court approval and modification.

Property and debts. Tennessee divides marital property by equitable distribution, which is a fair division and not necessarily an equal one. Because that division is the same one used in a divorce, the parties set it out in a Tennessee marital settlement agreement rather than repeat it here; see Tennessee Marital Settlement Agreement. The parties agree that: [SUMMARIZE OR ATTACH the division of marital property and debts, or state it is addressed in an attached marital settlement agreement].

Children and parenting. The parties have [NUMBER] minor child(ren): [NAME(S) AND DATE(S) OF BIRTH]. Custody, parenting time, and child support are [DESCRIBED HERE / set out in an attached permanent parenting plan]. Custody and child support remain subject to court approval and modification in the best interests of the children.

Signatures. Each party signs freely and consents to a decree of legal separation.

[SPOUSE 1 SIGNATURE] Date: ______ [SPOUSE 2 SIGNATURE] Date: ______

This Tennessee document follows the Tennessee Code. If you decide to end the marriage, see Tennessee Divorce Petition. For the generic template and other states, see the Legal Separation Agreement hub.

Tennessee Requirements for Legal Separation Agreement

Court Decree of Legal Separation
Tennessee grants a court decree of legal separation (Tenn. Code Ann. 36-4-102). The couple stays legally married while living apart, and neither spouse may remarry. The marriage ends only through a later absolute divorce.
Grounds Same as Divorce
A complaint for legal separation sets forth the grounds in substantially the language of the Tennessee divorce statute (Tenn. Code Ann. 36-4-102, 36-4-101), so the same fault and no-fault grounds that support a divorce support a legal separation.
Court May Address Custody, Support, and Property
During a Tennessee legal separation the court may provide for child custody, visitation, support, and property issues, on the motion of either party or by the parties' agreement (Tenn. Code Ann. 36-4-102).
Conversion to Absolute Divorce After Two Years
Where a decree of legal separation has been in force for more than two years and the parties have not reconciled, either party may petition the court for an absolute divorce (Tenn. Code Ann. 36-4-102). The court may also grant an absolute divorce before the two years expire.
Spousal Support and Child Support
During a legal separation the court may order support (Tenn. Code Ann. 36-4-102). Child support is set under the Tennessee Child Support Guidelines and remains subject to court approval and modification.
Equitable Distribution of Marital Property
Tennessee divides marital property by equitable distribution, a fair division that is not necessarily equal. Because this is the same division used in a divorce, set it out in a Tennessee marital settlement agreement rather than in the separation itself.
Reasons to Choose Separation Over Divorce
A Tennessee 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.
Separation Versus Marital Settlement Agreement
A Tennessee legal separation sets the couple's marital status; a marital settlement agreement is the contract that divides property and sets support and is used in both a separation and a divorce. Keep the money and parenting terms in the marital settlement agreement and rely on the legal separation for status.

Frequently Asked Questions

What is a legal separation in Tennessee?

Does Tennessee offer legal separation?

What are the grounds for a legal separation in Tennessee?

How is a Tennessee legal separation different from a divorce?

Can a Tennessee legal separation be converted into a divorce?

How are property and support handled in a Tennessee legal separation?

Do both spouses have to agree to a legal separation in Tennessee?

Why choose a legal separation instead of a divorce in Tennessee?

Find out where you stand in Tennessee

Introduction

Key Things to Know

Key decisions before you file

Customize your Legal Separation Agreement Template with DocDraft

Tennessee Requirements for Legal Separation Agreement

Court Decree of Legal Separation

Grounds Same as Divorce

Court May Address Custody, Support, and Property

Conversion to Absolute Divorce After Two Years

Spousal Support and Child Support

Equitable Distribution of Marital Property

Reasons to Choose Separation Over Divorce

Separation Versus Marital Settlement Agreement

Frequently Asked Questions