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 California, legal separation is a legally recognized status that allows couples to live apart while remaining legally married. The process is similar to divorce in that it involves a court proceeding where issues such as division of property, child custody, and spousal support can be addressed. The court issues orders that outline the rights and responsibilities of each spouse during the separation. California does not require spouses to be legally separated before filing for divorce; however, some couples may choose legal separation for personal or financial reasons, such as maintaining health insurance coverage or for religious beliefs that conflict with divorce. To initiate a legal separation in California, one spouse must file a petition with the court, and the process will involve the resolution of various marital issues, either through mutual agreement in a separation agreement or by court order if the parties cannot agree.