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 Hawaii, legal separation is a legally recognized status and is governed by state statutes under the family or domestic relations code. The process allows spouses to live apart while remaining legally married, and it can be supervised by the court. During a legal separation in Hawaii, the court may issue orders that outline the rights and responsibilities of each spouse, which can include arrangements for child custody, child support, spousal support, and division of property. Spouses may also enter into a written separation agreement that details these matters. Unlike some states, Hawaii does not require couples to undergo a period of legal separation before they can file for divorce. However, the legal separation can be a step towards divorce or an alternative for those who do not wish to divorce for personal, financial, or religious reasons. It is important for individuals considering legal separation in Hawaii to consult with an attorney to understand their rights and obligations under the state's laws.