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 Michigan, legal separation is recognized and referred to as 'separate maintenance.' Separate maintenance is a court-ordered arrangement where the rights and responsibilities of a married couple are redefined, but the marriage itself is not dissolved. This process is similar to divorce in that it involves similar procedures, such as division of property, child custody, child support, and spousal support. However, unlike divorce, after a judgment of separate maintenance, the parties remain legally married and cannot remarry unless they obtain a divorce. Michigan does not require spouses to be separated for any specific period before they can file for divorce or separate maintenance. The laws governing legal separation in Michigan can be found in the Michigan Compiled Laws under the family or domestic relations code. Spouses may also enter into a written separation agreement to outline their rights and responsibilities during the separation period, but such an agreement should be in accordance with Michigan law and public policy to be enforceable.