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 Ohio, legal separation is a legally recognized status. It allows spouses to live apart while remaining legally married, and it can be established through a court order. The court-supervised process results in a legal separation agreement that outlines the rights and responsibilities of each spouse during the separation period. This agreement can cover various issues such as property division, child custody, child support, and spousal support. Unlike some states that require a period of separation before granting a divorce, Ohio does not mandate a specific separation period before a couple can divorce. However, the terms of the legal separation can be used to establish the terms of a subsequent divorce decree. The laws governing legal separation in Ohio can be found in the state's family or domestic relations statutes.