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 Alabama, legal separation is a legally recognized status. Unlike some states that do not recognize legal separation, Alabama allows couples to seek a legal separation instead of a divorce. This process is governed by Alabama Code Title 30, Marital and Domestic Relations. During a legal separation, the court can determine rights and responsibilities regarding child custody, child support, spousal support, and property division, similar to those determined in a divorce proceeding. However, unlike divorce, legal separation does not end the marriage; the couple remains legally married but lives apart. Spouses may enter into a separation agreement that outlines the terms of the separation, and this agreement can be approved by the court. Alabama does not require couples to be legally separated before filing for divorce, but if they do choose legal separation, the terms set during this period can often lay the groundwork for the eventual divorce decree, should they decide to proceed with a divorce later on.