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 Maine, legal separation is a legally recognized status that allows spouses to live apart while remaining legally married. The process of legal separation in Maine is similar to divorce in that it is supervised by the court, and the court can issue orders regarding matters such as spousal support, child custody, and division of property. Spouses may also enter into a written separation agreement that outlines their rights and responsibilities during the separation period. This agreement can be submitted to the court for approval and can become part of the court's final order. Maine law does not require spouses to be legally separated before filing for divorce; however, if the spouses have lived apart for 60 consecutive days, this can be grounds for a divorce. The relevant statutes governing legal separation in Maine can be found in the Maine Revised Statutes, specifically within the family law or domestic relations chapters.