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 Minnesota, legal separation is a legally recognized status that is distinct from divorce. It allows spouses to live apart while remaining legally married. The process of legal separation in Minnesota is similar to divorce and is supervised by the court. The court can issue orders regarding child custody, child support, spousal maintenance (alimony), and the division of property. Spouses may also enter into a written separation agreement that outlines their rights and responsibilities during the separation period. Unlike some states, Minnesota does not require spouses to be legally separated for any specific period of time before they can file for divorce. However, if the spouses later decide to divorce after obtaining a legal separation, the terms of the separation agreement or court order can often be incorporated into the final divorce decree. It's important for individuals considering legal separation in Minnesota to consult with an attorney to understand their rights and obligations under state law.