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 New Hampshire (NH), legal separation is recognized and is referred to as 'judicial separation.' Under NH law, spouses can file a petition for legal separation, which is similar to a divorce in that it addresses issues such as alimony, child support, child custody, and the division of property. However, unlike divorce, legal separation does not end the marriage. The process is supervised by the court, and the court issues orders that the parties must follow during their separation. The legal separation agreement in NH can be converted into a divorce decree after one year or earlier if both parties agree. The relevant statutes governing legal separation in New Hampshire can be found in the New Hampshire Revised Statutes Annotated (RSA), specifically in the family law or domestic relations chapters.