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 Massachusetts, legal separation is not recognized as a formal legal status as it is in some other states. Instead, Massachusetts allows for something called 'separate support,' which is a court action where a spouse who is living apart from their partner, without fault, can seek support. This is governed by Massachusetts General Laws Chapter 209, Section 32. While separate support can address issues such as child support, custody, and spousal support, it does not legally end the marriage or divide marital property. For couples seeking to end their marriage, the alternative is to file for divorce. Massachusetts does not require spouses to be separated for any period of time before filing for divorce. The 'no-fault' divorce option in Massachusetts allows for a divorce by claiming an 'irretrievable breakdown of the marriage,' and there is also the option of a fault-based divorce on specific grounds. It is important for individuals considering separation or divorce in Massachusetts to consult with an attorney to understand their rights and options under state law.