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 Nevada, legal separation is recognized and is known as a 'separate maintenance.' This is a legal process where a married couple can become legally separated, with the court issuing orders regarding issues such as alimony, child custody, child support, and division of property. These orders are similar to those made in a divorce proceeding but the couple remains legally married. Nevada does not require couples to undergo a period of legal separation before they can file for divorce. However, a separation agreement can be a precursor to divorce, and the terms outlined in such an agreement may be carried over into the final divorce decree if the parties proceed to divorce. The legal separation process and the requirements for a separation agreement are governed by Nevada Revised Statutes, specifically within the sections pertaining to domestic relations law.