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 Vermont, legal separation is recognized and is known as a 'separate maintenance' action. This legal process allows married couples to live apart while remaining legally married, and it addresses similar issues to those dealt with in a divorce, such as child custody, child support, spousal support, and division of property. The process is supervised by the court, which issues orders that the parties must follow during their separation. Vermont law does not require spouses to be legally separated before filing for divorce; however, the terms set during the legal separation can often serve as a basis for the final divorce decree if the couple decides to proceed with a divorce later on. Spouses may also enter into a written separation agreement that outlines their rights and responsibilities during the separation period. It's important for individuals considering legal separation in Vermont to consult with an attorney to understand their rights and obligations under state law.