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 Pennsylvania (PA), there is no formal process or status for legal separation recognized by the state's statutes. Unlike some other states, Pennsylvania does not require spouses to be legally separated before filing for divorce. However, spouses in Pennsylvania can still live separately and may enter into a separation agreement. A separation agreement is a private contract between the spouses that can outline the division of assets, spousal support, child custody, and other relevant matters during their period of separation. While not legally mandated or supervised by the court, such agreements can be enforceable as contracts and may be used to establish a date of separation, which can be important for the division of property and establishing grounds for divorce. It is important for individuals considering separation in Pennsylvania to consult with an attorney to understand their rights and responsibilities during the separation period and to ensure that any agreement is legally sound.