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 Rhode Island, legal separation is recognized and is referred to as 'divorce from bed and board' or a 'limited divorce.' This status allows couples to live apart and formalize the separation without ending the marriage. The process is supervised by the court, which can issue orders regarding child support, custody, alimony, and property division, similar to those in a divorce proceeding. Spouses may also enter into a separation agreement that outlines their rights and responsibilities during the separation. Unlike some states, Rhode Island does not require a mandatory separation period before a couple can file for divorce. However, living apart for a certain period, typically up to three years, can be grounds for an absolute divorce. The relevant laws can be found in the Rhode Island General Laws, specifically within the domestic relations code.