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 South Dakota, legal separation is recognized and is referred to as 'separate maintenance.' Under South Dakota law, a spouse may file for separate maintenance to address similar issues as those handled in a divorce, such as child custody, child support, spousal support, and division of property, without actually dissolving the marriage. The process is governed by South Dakota Codified Laws (SDCL) and involves the court, which can issue orders that the spouses must follow during their separation. The court-supervised legal separation in South Dakota allows spouses to live apart and formalize their responsibilities and rights while remaining legally married. Unlike some states, South Dakota does not require spouses to be legally separated for any specific period before they can file for divorce. However, the state does have residency requirements for filing for divorce, which typically do not apply to legal separation proceedings.