A legal separation is a court-recognized arrangement where married spouses live apart while remaining legally married. Unlike divorce, it does not dissolve the marriage.
17 steps across 2 sections
1. Steps Process
- Determine If Legal Separation Is Available and Right for You
- Check if your state offers legal separation (not all do)
- Reasons couples choose legal separation over divorce:
- Religious beliefs that prohibit divorce
- Maintaining health insurance coverage through a spouse's plan
- Maintaining eligibility for Social Security benefits based on a spouse's earnings (requires 10 years of marriage)
- Uncertainty about whether to divorce — using separation as a trial period
- Military benefits that require a certain length of marriage
- Consider consulting a family law attorney to understand the implications in your state
- File a Petition for Legal Separation
2. Key Details
- Still legally married: You cannot remarry while legally separated
- States that do NOT offer legal separation: Delaware, Florida, Georgia, Mississippi, Pennsylvania, Texas
- Process similarity: The court forms, procedures, and costs are nearly identical to divorce
- Insurance advantage: Spouses can often maintain each other's health insurance coverage during legal separation
- Tax filing: Legally separated spouses may still file as "married filing jointly" or "married filing separately" depending on state rules
- Social Security: Staying married for 10+ years preserves eligibility for Social Security benefits based on a spouse's record
- Conversion: Most states allow a legal separation to be converted to a divorce without starting over
Common Mistakes
- Choosing legal separation without understanding that you remain legally marri...
- Assuming legal separation is simpler than divorce (the legal process is essen...
- Not formalizing the separation with a court order (an informal separation has...
- Accumulating joint debts during separation (in community property states, the...
- Not addressing all issues (property, custody, support) in the separation agre...
Pro Tips
- If you are unsure about divorce, legal separation gives you time to decide wh...
- Use the separation period to work on the relationship (counseling, therapy) w...
- If health insurance is a primary concern, verify with the insurance company t...
- In community property states, legal separation establishes a clear date for s...
- Consider the cost-benefit: if you eventually divorce, you may end up paying f...