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 York, legal separation is a recognized legal status that allows married couples to live apart while remaining legally married. Couples may enter into a separation agreement, which is a legally binding document outlining the terms of the separation, including division of assets, child custody, and support arrangements. This agreement must be filed with the county clerk to be enforceable. New York does not require couples to live separately for a specific period before they can file for divorce; however, living apart for at least one year pursuant to a separation agreement or judicial decree is one of the grounds for a conversion divorce. It's important for individuals considering legal separation in New York to consult with an attorney to understand their rights and obligations and to ensure that any agreement is legally sound and reflects their intentions.