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 the state of Florida, there is no formal legal status known as 'legal separation.' Unlike some other states, Florida does not recognize legal separation, which means that there is no court-supervised process for separation, nor are there any court orders issued that define the rights and responsibilities of spouses during a period of separation. Spouses in Florida remain legally married with all the attendant rights and responsibilities until they obtain a divorce. While couples may choose to live apart and may enter into a separation agreement that outlines the terms of their living apart, such as division of assets and responsibilities for children, this agreement is not a court-ordered status and does not change their legal status as married persons. To end a marriage in Florida, the parties must go through the state's divorce proceedings.