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 Jersey, legal separation as a distinct legal status does not exist in the same way it does in some other states. New Jersey law does not formally recognize 'legal separation' and does not provide court procedures or orders specifically for legal separation. However, couples in New Jersey can live separately and can enter into a separation agreement. A separation agreement is a legally binding contract between spouses that outlines the rights and responsibilities of each party during their period of separation. This agreement can cover various issues such as child support, custody, alimony, and division of property. While New Jersey does not require a period of separation before filing for divorce, living apart and having a separation agreement can help in establishing grounds for a no-fault divorce based on irreconcilable differences. It is advisable for individuals considering separation or divorce in New Jersey to consult with an attorney to understand their rights and options and to assist in drafting a separation agreement if they choose to create one.