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 Nebraska, legal separation is recognized and is known as 'separate maintenance.' This legal process allows married couples to live apart while remaining legally married, and it addresses issues such as alimony, child custody, child support, and division of property. The process is similar to divorce proceedings and is governed by Nebraska's family law statutes. To obtain a legal separation in Nebraska, one of the spouses must file a complaint in the district court of the county where either spouse resides. The court then oversees the separation process and can issue orders regarding the terms of the separation, which the parties must follow. Unlike some states, Nebraska does not require couples to be legally separated for any specific period before they can file for divorce. However, if the parties later decide to divorce after obtaining a legal separation, the terms of the separation agreement or court order may be incorporated into the final divorce decree.