Legal separation is a legally recognized status in some states in which the spouses’ act of separating or living apart has legal consequences and changes the spouses’ rights and responsibilities. In some states the legal separation process is supervised by the court, which issues court orders for the parties to follow during their legal separation.

And in some states the spouses may enter into a written separation agreement that defines their rights and responsibilities during the separation period. Some states even require spouses to be separated for some period of time (e.g., one year) before they are able to divorce.

But some states—including Delaware, Florida, Georgia, Mississippi, Pennsylvania, and Texas—do not recognize legal separation, and the spouses are married, with the same rights and responsibilities, until they are divorced.

Laws regarding legal separation vary from state to state and are usually located in a state’s statutes—often in the family or domestic relations code.

In Alaska, legal separation is recognized and can be a precursor to divorce or an alternative for couples who do not wish to divorce for personal, financial, or religious reasons. The process is similar to divorce in that it involves a court order and can address issues such as property division, child custody, child support, and spousal support. The legal separation process in Alaska is supervised by the court, which issues orders that the parties must follow. To obtain a legal separation in Alaska, one must file a petition for legal separation with the court, and the court must approve the separation agreement that outlines the rights and responsibilities of each spouse during the separation period. Unlike some states, Alaska does not require couples to be legally separated for any specific period before they can file for divorce. The relevant statutes governing legal separation in Alaska can be found in the Alaska Statutes, specifically within the sections pertaining to domestic relations.