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Divorce

legal separation

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.
State Statutes
Federal Statutes
Legal Articles

State Statutes for the State of Texas

Federal Statutes

§ 300bb–3. Qualifying event

(3) The divorce or legal separation of the covered employee from the employee’s spouse.

§ 1163. Qualifying event

(3) The divorce or legal separation of the covered employee from the employee’s spouse.

§ 8467. Court orders

(1) any court decree of divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation; or

§ 8445. Rights of a former spouse

spouse of such individual if and to the extent expressly provided for in the terms of a court decree of divorce , annulment, or legal separation, or the terms of a court order or court-approved property settlement incident to any decree of divorce, annulment, or legal separation. , annulment, or legal separation, or the terms of a court order or court-approved property settlement incident to any decree of divorce, annulment, or legal separation.

§ 2094. Attachment of moneys

another individual if and to the extent expressly provided for in the terms of any court decree of divorce , annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation.

§ 8705. Death claims; order of precedence; escheat

Office to another person if and to the extent expressly provided for in the terms of any court decree of divorce , annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation.

§ 178. Retirement of judges of the Court of Federal Claims

Courts to another person if and to the extent expressly provided for in the terms of any court decree of divorce , annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation. , annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation.

§ 2002. Definitions relating to participants and annuitants

(A) a court decree of divorce, annulment, or legal separation; or (B) a court order or court-approved property settlement agreement incident to such court decree of divorce , annulment, or legal separation.

Is Legal Separation Different from Divorce?
While legally divorcing is often seen as the only choice when ending a marriage, some states also allow you the option of legal separation as an alternative to divorce.