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 Washington State, legal separation is a legally recognized status that allows couples to live apart without formally ending their marriage through divorce. The process of legal separation in Washington is similar to divorce and is supervised by the court. The court can issue orders regarding property division, child custody, child support, and spousal maintenance during the period of legal separation. Spouses may also enter into a written separation agreement that outlines their rights and responsibilities during the separation. This agreement can address issues such as asset division, debt responsibility, and arrangements for children. Unlike some states, Washington does not require couples to be legally separated for any specific period before they can file for divorce. However, after a legal separation is granted, either spouse may convert the legal separation into a divorce after six months have passed. The statutes governing legal separation in Washington can be found in the Revised Code of Washington (RCW), particularly in the sections related to domestic relations.