Written by NotALawyer Legal AI · Reviewed by External Legal AI · Published April 27, 2026 · Last reviewed June 26, 2026
Legal separation works like divorce — a court order splits property, sets support, and arranges custody — but you stay legally married. That one difference matters to some couples and means nothing to others. Here's how the two compare.
Neither of you can remarry. You're still each other's spouse for next-of-kin decisions and, sometimes, health insurance, though whether you can still file taxes as married depends on the type of decree.
Property, debt, custody, child support, and spousal support all get decided, same as in a divorce. The one thing that doesn't happen is ending the marriage itself.
Religious objections to divorce, keeping a spouse on health insurance, military or retirement benefits that require staying married, or needing time before committing to a full divorce.
It costs nearly as much as a divorce, doesn't free you to remarry, and can be procedurally messier. Many states let you live apart under a written agreement and skip the court process entirely.
Most states let you convert a legal separation into a divorce later, often reusing the same property and custody terms. But not every state recognizes legal separation at all — each sets its own rule by statute, so check whether yours does.
More on this topic: the Family hub
This shows whether your state offers legal separation — a court-recognized status that lets a married couple live apart and settle support, custody, and property while staying legally married instead of divorcing. Each value is cited to the state statute or agency; a state with no sourced figure shows "Not yet sourced."
General information, not legal advice. Rules change and exceptions apply — confirm the current rule with the cited source for your state.
NotALawyer.com provides general legal information, not legal advice.