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 Kansas, legal separation is recognized and is known as 'separate maintenance.' It is a legal process where a married couple can formalize a separation while remaining legally married. Separate maintenance is governed by Kansas statutes and is similar to divorce in that it involves a court order which outlines the rights and responsibilities of each spouse during the separation. This includes provisions for child custody, child support, spousal support, and division of property. Unlike divorce, however, the marriage is not terminated. Kansas law does not require spouses to be legally separated for any specific period before they can file for divorce. To initiate a legal separation in Kansas, one spouse must file a petition for separate maintenance with the court. The process is supervised by the court, and the resulting court orders must be followed by both parties. Spouses may also enter into a written separation agreement to outline the terms of their separation, but such an agreement should be in compliance with Kansas laws and is subject to court approval.