Legal Separation by State (2026): Which States Allow It, What It Does

A legal separation is a court order that settles support, custody and property while the spouses stay married. There is no federal legal separation. Each state decides whether to offer one, what to call it and what it does, and the IRS itself says state law governs whether a person is legally separated under a decree (IRS Publication 501).

Most states and the District of Columbia offer some version of the action, under names such as legal separation, separate maintenance, divorce from bed and board or judicial separation. A few states have no separation decree at all, and separated spouses there use support orders, custody cases and written agreements instead.

Information last verified on October 9, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This guide compares legal separation laws in the 50 states and the District of Columbia, and summarizes the federal tax, health coverage and Social Security rules that turn on a separation. Each state's own guide, linked in the table, carries the detail and the statute text. Divorce grounds, alimony amounts and custody standards are covered in their own guides and are not repeated here.

Legal separation laws by state

The table names what each state calls the action, the main statute, and what the state's law says about turning a separation into a divorce. "Not applicable" means the state has no separation decree to convert. Where a cell says "See state guide", the point is covered on that state's page rather than summarized here.

What a legal separation decree does

A legal separation lets a court decide the money and parenting questions a divorce would decide, without ending the marriage. The state statutes say this in different words. Alabama's describes the decree as a court determination of the spouses' rights and responsibilities arising out of the marriage (Ala. Code 30-2-40(b)), and Alaska's says a decree does not restore the parties to the status of unmarried persons (AS 25.24.460).

Connecticut gives a separation decree the effect of a dissolution decree, except that neither party is free to marry (Conn. Gen. Stat. 46b-67(c)). Virginia lets the court decree that the spouses be perpetually separated and protected in their persons and property, but neither may remarry during the other's life (Va. Code 20-116).

Some states free separated spouses to manage their own affairs. In North Dakota a separated spouse gains property, business and contract rights as if unmarried, while the marriage continues (N.D.C.C. 14-05-28). In Hawaii each spouse may sue or be sued, convey property and make contracts as if unmarried while the decree is in force (HRS 580-75).

Support, custody and property

In most states with the action, the court can decide the same core issues as in a divorce: child custody or a parenting plan, child support, spousal support and division of property and debts. Washington's statute lists a parenting plan, child support, maintenance and property and debt division (RCW 26.09.050(1)). West Virginia lets the court order all or any part of the temporary or final relief available in a divorce, other than a divorce (W. Va. Code 48-4-103), and Georgia's judge may grant any order the court could grant on a pending divorce petition (O.C.G.A. 19-6-10).

Property is where states differ most:

• Hawaii: the separation statute, HRS 580-74, addresses support. The property-division section, HRS 580-47, is worded "Upon granting a divorce."
• New York: the court can order spousal support, custody, child support and counsel fees in a separation case, but the property-distribution provision in DRL 236(B)(5)(a) does not list separation among the actions it covers.
• Illinois: without an agreement between the spouses, the court may not value or allocate property, and an approved property settlement agreement is final and not modifiable (750 ILCS 5/402(b)).
• Montana: in a legal separation the court may finally divide the property; in a dissolution it must (MCA 40-4-202(1)).
• Missouri: the property division in a legal-separation judgment is final and not subject to modification (RSMo 452.360.2).
• Maine: a final divorce judgment ends a separation decree but not its property division (19-A M.R.S. 851(12)).
• New Jersey: while a bed-and-board judgment is in force, the parties' property rights are as though an absolute divorce had been entered (N.J.S.A. 2A:34-6).

Property acquired after the decree

Several states treat what a spouse acquires after a separation decree as that spouse's own. Colorado (C.R.S. 14-10-113(2)(c)), Illinois (750 ILCS 5/503(a)(3)), Kentucky (KRS 403.190(2)(c)), Maine (19-A M.R.S. 953(2)(C)) and Ohio (R.C. 3105.171(A)(6)(a)(iv)) all say so in their property statutes.

South Carolina treats property acquired after a permanent separate maintenance order, a pendente lite order or a signed marital settlement agreement as nonmarital (S.C. Code 20-3-630(A)(2)). Nevada's community property statute makes an exception for property covered by a decree of separate maintenance (NRS 123.220(2)). In Alabama, later earnings become separate property only with both spouses' written consent after the decree (Ala. Code 30-2-40(f)).

Decrees with time limits

A few states cap or shape how long a separation lasts. Hawaii's separation from bed and board may not exceed two years (HRS 580-76), and Indiana's decree may last no more than one year (IC 31-15-3-9). Alaska allows a legal separation no more than once to the same couple (AS 25.24.400).

Other states let the court choose. New York and Vermont separations may be forever or for a limited time (DRL 200; 15 V.S.A. 555), Oregon's may be permanent or for a set duration (ORS 107.025), North Dakota courts can grant a temporary or permanent decree (N.D.C.C. 14-05-03.1), and a Wyoming court may set a time limit or make the order perpetual (W.S. 20-2-106(c)).

Grounds for legal separation

Many states use their divorce grounds. California allows legal separation on the same two grounds as divorce (Cal. Fam. Code 2310), and Connecticut, Kansas, Michigan, New Hampshire, New Jersey, North Dakota, Tennessee, Vermont and Wyoming also tie the separation to the grounds a divorce would need. Rhode Island allows a divorce from bed and board on any divorce ground or for other causes that seem to require it (R.I. Gen. Laws 15-5-9). In Nevada, a spouse who has any cause of action for divorce, or who has been deserted for 90 days, may sue for separate maintenance (NRS 125.190, 125.010).

Other states use a test of their own:

• Alaska: the court must find both an incompatibility of temperament and that continuing the marriage preserves or protects significant legal, financial, social or religious interests (AS 25.24.410).
• Oregon: one of three grounds is irreconcilable differences where staying married protects a legal, financial, social or religious interest (ORS 107.025(2)).
• Indiana: conditions make it currently intolerable for both parties to live together, and the marriage should be maintained (IC 31-15-3-3).
• Missouri: there remains a reasonable likelihood that the marriage can be preserved, so it is not irretrievably broken (RSMo 452.305).
• Minnesota: one or both parties need a legal separation (Minn. Stat. 518.06).
• Hawaii: the marriage is temporarily disrupted (HRS 580-71).
• District of Columbia: at least one spouse asserts an intention to pursue a separate life without a divorce, with no fault ground and no minimum separation period in the statute (D.C. Code 16-904(b)).
• Maine: a spouse lives apart, or wants to live apart, for more than 60 continuous days, or both spouses file jointly (19-A M.R.S. 851(1-A)).
• New Mexico: the spouses have permanently separated and no longer live together (NMSA 40-4-3).

North Carolina requires fault: its divorce from bed and board rests on six grounds such as abandonment, cruel or barbarous treatment, indignities and adultery, granted on the injured party's application (G.S. 50-7). Louisiana's covenant-marriage separation uses its own list, mostly fault grounds such as adultery, abandonment for one year and abuse, plus two years apart (La. R.S. 9:307(B)).

New York changed its law recently. Chapter 673 of the Laws of 2025 added a ground for separation when the relationship has broken down irretrievably for at least six months and one spouse says so under oath, effective February 17, 2026, for actions started on or after that date. No judgment on that ground may be granted until any applicable economic issues are resolved (DRL 200(6)).

When one spouse objects

In several states, the other spouse can block a separation or turn the case into a divorce:

• Arizona: the other spouse must not object; if they do, the pleadings are amended to seek dissolution, if the domicile requirement is met (A.R.S. 25-313(A)).
• California: the court may not enter a separation judgment without both spouses' consent, unless the respondent has not made a general appearance (Cal. Fam. Code 2345).
• Colorado, Kentucky and Montana: the court grants the separation in that form unless the other spouse objects (C.R.S. 14-10-106(2); KRS 403.140(2); MCA 40-4-104(2)).
• Washington: the court enters a separation decree unless the other party objects and petitions for dissolution or a declaration of invalidity (RCW 26.09.030(d)).
• South Dakota: a separation on irreconcilable differences needs both spouses' consent unless one has not made a general appearance (SDCL 25-4-17.2).
• New Jersey: both parties must petition or join in asking for a divorce from bed and board (N.J.S.A. 2A:34-3(a)).
• Michigan: if the other spouse counterclaims for divorce and proves the breakdown ground, the court enters a divorce judgment instead (MCL 552.7(4)(b)).

Other states let the court decide over an objection. In Tennessee, the court may still grant a legal separation after a hearing if grounds are established (T.C.A. 36-4-102). In Nebraska, if the other spouse denies under oath that they will live apart, the court holds a hearing and decides (Neb. Rev. Stat. 42-361.01(2)).

Residency and waiting periods

Residency rules for separation vary, and some states borrow the divorce rule:

• California: the courts' self-help guidance says only one spouse must live in California to file, with no time requirement.
• Colorado: 91 days of domicile before filing, and at least 91 days after the court gains jurisdiction over the respondent before a decree enters (C.R.S. 14-10-106(1)(a)).
• District of Columbia: six months of bona fide residence by one spouse (D.C. Code 16-902(a)).
• Hawaii: three months of domicile or physical presence in the circuit (HRS 580-1(a)).
• Illinois: the petition must state that the 90-day residency or military-presence requirement has been met (750 ILCS 5/403(a)(3)).
• Indiana: six months in the state and three months in the county (IC 31-15-3-6).
• Kentucky: 180 days of residence or military station (KRS 403.140(1)(a)).
• Missouri: 90 days immediately before filing, plus 30 days after the petition is filed (RSMo 452.305).
• Montana: 90 days of domicile or military station (MCA 40-4-104(1)(a)).
• North Carolina: six months, for a divorce from bed and board (G.S. 50-8).
• North Dakota: six months of good-faith residence (N.D.C.C. 14-05-17).
• Oregon: one spouse must live in or be domiciled in Oregon when the suit starts, with no six-month period for separation (ORS 107.075(3)).
• Wisconsin: 30 days in the county, and generally a 120-day wait after service before a final hearing (Wis. Stat. 767.301, 767.335).

In Ohio and Nevada the state guides explain how the divorce residency rules relate to the separation action. Kansas's residency and waiting-period sections are worded for divorce, and the Kansas guide flags that question without resolving it. Arkansas bars a decree of divorce from bed and board before the 30th day after filing, with listed exceptions (Ark. Code 9-12-310), and South Dakota bars a hearing in a separate maintenance case until 60 days after service (SDCL 25-4-34).

States without legal separation, and what people use instead

Six states have no legal separation decree: Delaware, Florida, Maryland, Mississippi, Pennsylvania and Texas. Spouses in those states stay married until a divorce or annulment, and they use other tools to settle support and parenting.

• Delaware: the Family Court hears support and separate maintenance actions (13 Del. C. 502, 507(a)). "Separated" is a condition for divorce, and the Family Court says spouses can meet it while living in the same house if they do not share a bedroom or have sexual relations.
• Florida: Fla. Stat. 61.031 says no dissolution is from bed and board. A spouse may seek alimony and child support without a divorce (61.09), or an adjudication of support and a parenting plan while living apart (61.10).
• Maryland: the Maryland Judiciary says there is no legal separation in Maryland, and limited divorce was repealed effective October 1, 2023 (2023 Md. Laws ch. 646). A spouse can file for alimony without a divorce (Family Law 11-101(a)(1)), and courts decide custody and child support whether or not a divorce is filed (Family Law 1-201(b)).
• Mississippi: the state Supreme Court held in Godwin v. Godwin (1999) that legal separation is not recognized, while separate maintenance under case law remains available.
• Pennsylvania: married persons are liable for each other's support (23 Pa.C.S. 4321), and a separation agreement can be enforced with the Divorce Code's remedies (23 Pa.C.S. 3105).
• Texas: a spouse may ask the court to manage specified community property after a permanent separation (Tex. Fam. Code 3.301(a)(3)), spouses can sign a partition or exchange agreement (4.102, 4.104), and child support can be ordered without a divorce (154.001(a)).

In another group of states, there is no stand-alone legal separation action, and the law offers a different action instead. In several of them, including Oklahoma, South Carolina and Utah, the court can also divide property:

• Georgia: a separate maintenance petition under O.C.G.A. 19-6-10, available when spouses are living separately or in a bona fide state of separation and no divorce is pending.
• Massachusetts: a separate support action under G.L. c. 209 s. 32, which can be brought whether or not the spouses actually live apart, if there is justifiable cause for living apart.
• Oklahoma: alimony without divorce under 43 O.S. 129, on any divorce ground; the court can also decide custody and divide property (43 O.S. 108).
• South Carolina: separate support and maintenance under S.C. Code 20-3-130, including a final apportionment of marital property (20-3-620(A)).
• Utah: separate maintenance (Utah Code 81-4-202) and a one-year temporary separation order that needs no divorce petition (81-4-104).

Louisiana sits in its own category. Separation from bed and board is available only to spouses in a covenant marriage (La. R.S. 9:307). Spouses in an ordinary marriage who live apart may sue each other for spousal support, child support and custody without a divorce (R.S. 9:291), and after six months apart either spouse can obtain a judgment of separation of property ending the community regime (La. C.C. art. 2374(D)).

The same idea under other names

Many states that do offer the action call it something else. Separate maintenance is the name in Iowa, Kansas, Michigan and West Virginia, and Nevada court forms use it for a suit for support and maintenance under NRS 125.190, and South Dakota has separate maintenance alongside legal separation. Divorce or separation from bed and board is the name in Arkansas, the District of Columbia, Hawaii, New Jersey, North Carolina, Rhode Island and Virginia. Kentucky also still publishes an older divorce from bed and board action (KRS 403.050).

Maine and Wyoming call their versions judicial separation (19-A M.R.S. 851; W.S. 20-2-106), as does Arkansas for covenant marriages. The Wyoming Judicial Branch calls it a legal separation. New York calls it an action for separation (DRL 200), Oregon a judgment of separation (ORS 107.025), and Wisconsin notes its action was formerly called divorce from bed and board (Wis. Stat. 767.001(1)(d)).

Turning a legal separation into a divorce

States take one of three broad approaches.

The court converts the decree on request. Some states set a waiting period and then require conversion when a spouse asks. Colorado's is 182 days (C.R.S. 14-10-120(2)), Montana's and Washington's six months (MCA 40-4-108(2); RCW 26.09.150(2)(a)), and Kentucky's and Wisconsin's one year (KRS 403.230(1); Wis. Stat. 767.35(5)). Wisconsin also converts by stipulation of both parties. New Jersey converts a bed-and-board divorce on either party's application as a matter of right (N.J.S.A. 2A:34-3(a)).

The court may convert, or merge, on a motion. Connecticut lets either party petition at any time (46b-65(b)), New Hampshire grants a motion to amend in its discretion if justice requires (RSA 458:26(II)), and Oregon may convert within two years on motion and 30 days' notice (ORS 107.465). Missouri may convert on either spouse's motion no earlier than 90 days after the judgment (RSMo 452.360.3). The District of Columbia may enlarge a separation into an absolute divorce (D.C. Code 16-905(b)), and Virginia may merge a bed-and-board decree into a divorce on either spouse's application once the required separation period has passed and no reconciliation is probable (Va. Code 20-121). Tennessee allows a divorce petition after two years of separation, and the court may grant a divorce sooner (T.C.A. 36-4-102(b)).

A divorce is a new or separate case. In Maine, divorce is a separate claim (19-A M.R.S. 851(12)). North Carolina has no conversion step; an absolute divorce is a separate action after one year apart (G.S. 50-6). The Vermont Judiciary says a spouse who wants a divorce files a new case and pays a new fee or asks for a waiver.

In several states, the separation period itself becomes a divorce ground. New York treats six months apart under a separation judgment, after substantially performing its terms, as a ground (DRL 170(5)). Hawaii treats living apart after an expired decree as a ground (HRS 580-41), Utah treats three years under a separate maintenance decree as one (Utah Code 81-4-405(1)(j)), and covenant marriages in Louisiana and Arkansas have their own timelines. In Wyoming, a divorce may be granted after a judicial separation on proper grounds that arise afterwards (W.S. 20-2-106(b)).

What happens to the separation's terms also varies. In Alabama, alimony and property terms carry into the divorce only if both spouses agree (Ala. Code 30-2-40(d)). In Arizona, the separation's property division may not be revoked or modified in the divorce unless conditions exist that justify reopening a judgment (A.R.S. 25-325(B)). In Georgia, a later divorce order replaces the separate maintenance order, and the state Supreme Court held in Goodman v. Goodman (1984) that a later divorce affects only periodic alimony, not lump-sum alimony or property division.

Getting back together

Many states let reconciled spouses undo a decree. Connecticut spouses can jointly file a declaration that they no longer wish to be separated (46b-65(a)), and Maine and New Hampshire spouses can file a signed declaration that they have resumed marital relations (19-A M.R.S. 851(12)(B); RSA 458:28). In both Maine and New Hampshire the property division stays in force.

Courts set aside or revoke the decree on joint request in the District of Columbia (16-905(a)), Missouri (452.360), Nebraska (42-372.03), New York, with evidence of reconciliation (DRL 203), and Ohio (R.C. 3105.17(C)). In Georgia, if spouses move back in together without a divorce, all provision for permanent alimony is annulled, though children's rights are unaffected (O.C.G.A. 19-6-12). Utah's separate maintenance orders can end on proof of voluntary and permanent reconciliation (Utah Code 81-4-204), and in Wyoming either party may move at any time to be discharged from the separation order (W.S. 20-2-106(c)).

Inheritance and beneficiary designations

The effect of a separation on inheritance differs from state to state. In Alabama, Alaska, Michigan and New Mexico, a separation decree alone does not end surviving-spouse status, but an order purporting to terminate all marital property rights can cut off inheritance rights (Ala. Code 43-8-252; AS 13.12.802(b)(3); MCL 700.2801; NMSA 45-2-802).

Other states draw the line differently. In North Carolina, a spouse from whom a divorce from bed and board was obtained loses intestate, elective-share and other estate rights (G.S. 31A-1(a)(1)). In New Jersey, a filed complaint for divorce from bed and board that was not dismissed excludes a spouse from the elective and intestate shares (N.J.S.A. 3B:8-1, 3B:5-3(d)). After a Vermont legal separation, the laws of descent that apply after an absolute divorce apply (15 V.S.A. 753). Iowa's beneficiary-revocation statutes are triggered by a decree of separate maintenance (Iowa Code 598.20A, 598.20B). For other states, see the state guide.

Legal separation vs. divorce

The core difference is that a divorce ends the marriage and a legal separation does not. The table below shows the main contrasts, using the state rules above and the federal rules in the next section.

People choose a separation for many reasons, including the religious, financial and social interests that the Alaska and Oregon grounds mention. For divorce grounds and residency in every state, see the divorce laws by state guide, and for spousal support rules, see the alimony laws by state guide.

Federal rules that turn on a separation

Tax filing status

The IRS treats you as unmarried for the whole year if, on the last day of the tax year, you are legally separated from your spouse under a divorce or separate maintenance decree, and state law governs whether you are (IRS Pub. 501; 26 U.S.C. 7703(a)(2)). Spouses who live apart without a decree, or who are separated under an interlocutory (not final) divorce decree, are still married for filing purposes (Pub. 501).

A separate rule in 26 U.S.C. 7703(b), which applies only for certain purposes such as head of household status, treats a married person who files separately as not married if they keep up a home that is, for more than half the year, the main home of a child they can claim as a dependent (or could claim but for the rule that lets the other parent claim the child), pay more than half the cost of the home, and their spouse is not a member of the household during the last six months of the year.

Alimony and separate maintenance payments

Alimony or separate maintenance paid under a divorce or separation instrument executed after 2018 is not deductible by the payer and not income to the recipient (IRS Pub. 504). The IRS defines a divorce or separation instrument to include a decree of divorce or separate maintenance, a written separation agreement, or a support order. In community property states, a decree of legal separation or separate maintenance may or may not end the marital community, and the court issuing the decree may divide the property (Pub. 504).

Health coverage

A legal separation from a covered employee is a COBRA qualifying event (29 U.S.C. 1163(3)). The Department of Labor's COBRA guide lists up to 36 months of continuation coverage for the spouse and dependent children after a divorce or legal separation.

On the Marketplace, HealthCare.gov says getting divorced or legally separated and losing health insurance can open a Special Enrollment Period. A divorce or legal separation without losing coverage does not qualify.

Social Security

Divorced-spouse benefits require that the marriage lasted at least 10 years immediately before the divorce became final, along with other conditions (20 C.F.R. 404.331). The Social Security Administration recognizes that a marriage ends by divorce, annulment or death (POMS GN 00305.120), so a legal separation decree does not count as the final divorce these benefits require.

Disclaimer: This article provides general legal information about legal separation laws in the 50 US states and the District of Columbia and related federal rules, verified as of October 9, 2026. It is not legal advice. Laws and court rules change, and how they apply depends on your facts. For your situation, consult a lawyer licensed in your state or your state court's self-help center.

Related

• Divorce laws by state
• Alimony laws by state
• Child custody laws by state
• Annulment laws by state
• Prenuptial agreement laws by state
• Marriage and divorce records by state

Last updated: October 9, 2026.

Frequently Asked Questions

Which states do not allow legal separation?

Delaware, Florida, Maryland, Mississippi, Pennsylvania and Texas have no legal separation decree. Georgia, Massachusetts, Oklahoma, South Carolina and Utah have no stand-alone legal separation action and use separate maintenance, separate support or alimony without divorce instead, and Louisiana allows separation from bed and board only in a covenant marriage (La. R.S. 9:307).

Is a legal separation the same as a divorce?

No. A divorce ends the marriage and a legal separation does not. Connecticut, for example, gives a separation decree the effect of a dissolution decree except that neither spouse is free to marry (Conn. Gen. Stat. 46b-67(c)).

Can you remarry after a legal separation?

Not until the marriage ends by divorce. Virginia's statute says neither spouse may remarry during the other's life after a divorce from bed and board (Va. Code 20-116), and Louisiana's says covenant spouses separated from bed and board may not remarry (La. R.S. 9:309(A)(1)).

How long after a legal separation can you get a divorce?

It depends on the state. Colorado allows a conversion motion 182 days after the decree, Missouri 90 days, Montana and Washington six months, and Kentucky and Wisconsin one year; in Tennessee a divorce petition can follow two years of separation, or sooner if the court allows. In Maine, North Carolina and Vermont a divorce is a separate case.

Is separate maintenance the same as legal separation?

Sometimes. Iowa, Kansas, Michigan and West Virginia use separate maintenance as the name for their separation action. In Georgia, Massachusetts and Utah, which have no action called legal separation, separate maintenance or separate support stands in for it.

Do you have to live apart to get a legal separation?

Not in every state. Ohio says spouses do not have to be living apart when the complaint is filed (R.C. 3105.17(A)), and a Massachusetts separate support case can proceed whether or not the spouses live apart if there is justifiable cause for living apart (G.L. c. 209 s. 32). New Mexico requires that the spouses have permanently separated (NMSA 40-4-3), and Maine requires that a spouse lives apart or wants to live apart for more than 60 continuous days (19-A M.R.S. 851(1-A)).

Does a legal separation change your tax filing status?

It can. The IRS treats you as unmarried for the whole year if you are legally separated under a divorce or separate maintenance decree on the last day of the tax year, and state law decides whether you are (IRS Pub. 501). Living apart without a decree, or under an interlocutory decree, leaves you married for filing purposes.

What happens to health insurance after a legal separation?

A legal separation from a covered employee is a COBRA qualifying event (29 U.S.C. 1163(3)), and the Department of Labor lists up to 36 months of continuation coverage for the spouse and dependent children. HealthCare.gov says a separation that comes with a loss of coverage can open a Special Enrollment Period, but a separation without losing coverage does not.

Can a legal separation be reversed if you reconcile?

In many states, yes. Connecticut, Maine and New Hampshire spouses can file a declaration ending the separation, and courts in the District of Columbia, Missouri, Nebraska, New York and Ohio can set aside or revoke a decree on the spouses' request. In Maine and New Hampshire the property division stays in force.