Legal Separation
A court-recognized arrangement where spouses live apart and have formal agreements on support and property but remain legally married.
Understanding Legal Separation
Legal separation provides many of the same protections as divorce — including court orders for custody, support, and property division — while keeping the marriage legally intact. Reasons for choosing legal separation over divorce include religious beliefs, maintaining health insurance benefits, military benefits, or Social Security eligibility (which requires 10 years of marriage). Not all states offer legal separation. A legal separation can often be converted to a divorce later without starting over.
Real-World Examples
She filed for legal separation instead of divorce to maintain coverage under his employer's health insurance plan while they lived apart.
State-by-State Variations
Six states (Delaware, Florida, Georgia, Mississippi, Pennsylvania, Texas) do not have formal legal separation statutes.
Related Terms
The court order that officially ends a marriage, resolving all issues including property division, custody, and support.
Marital Settlement AgreementA written contract between divorcing spouses that resolves all issues including property division, custody, and support.
Grounds for DivorceThe legally recognized reasons for seeking a divorce, which can be fault-based (adultery, cruelty) or no-fault (irreconcilable differences).
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This definition is provided for educational purposes only and does not constitute legal advice. Divorce laws and terminology may vary by state and jurisdiction.
Always consult a licensed attorney in your area for advice specific to your situation.