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 North Carolina, legal separation is recognized and has specific legal consequences. Spouses are considered legally separated in NC when they begin living in separate residences with the intent to continue living apart from one another. From the date of separation, economic rights such as property division and spousal support can be affected. North Carolina requires spouses to live separately for at least one year before they can file for divorce. During this period, the spouses can enter into a separation agreement, which is a legally binding contract that outlines the rights and responsibilities of each spouse during the separation. This agreement can cover issues such as property division, child custody, and support arrangements. It is not required to be supervised by the court, but it can be enforced by the court if necessary. If the spouses cannot agree on the terms of separation, they may seek a court order to settle disputes. It is important for individuals going through a separation in North Carolina to consult with an attorney to understand their rights and obligations during this period and to ensure that any separation agreement is fair and complies with state laws.