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 Kentucky, legal separation is a recognized legal status, distinct from divorce, which allows couples to live apart while remaining legally married. This process is governed by state statutes found in the Kentucky Revised Statutes (KRS), particularly in the family law sections. When a couple seeks a legal separation, they may enter into a separation agreement that outlines their rights and responsibilities during this period, such as property division, child custody, and support arrangements. The agreement can be made into a court order if both parties consent and the court approves it. Kentucky does not require couples to undergo a period of legal separation before they can file for divorce; however, the terms of the legal separation can often serve as a foundation for the final divorce decree if the couple decides to proceed with dissolving the marriage. It's important for individuals considering legal separation in Kentucky to consult with an attorney to understand their rights and obligations under the state's laws.