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 West Virginia (WV), legal separation is recognized and is referred to as 'separate maintenance.' Separate maintenance is a legal process where a married couple may formalize a separation while remaining legally married. This process is supervised by the court, which can issue orders regarding spousal support, child custody, and division of property, similar to those made in a divorce proceeding. To obtain a decree of separate maintenance in WV, one spouse must file a petition in the family court. The court may then grant a legal separation if the parties are living separate and apart without cohabitation and there are grounds for the separation, such as irreconcilable differences. Unlike some states, West Virginia does not require couples to be legally separated before filing for divorce. However, the period of separation may be considered when determining the grounds for divorce. It is important for individuals considering legal separation in WV to consult with an attorney to understand their rights and responsibilities and to ensure that any separation agreement or court order is legally sound and reflects their interests.