Connecticut
Connecticut Legal Separation: Grounds, Residency and Conversion (2026)
Independently fact-checked against primary sources (last audited October 8, 2026). · 11 primary sources cited on this page. How we verify our legal content
Yes. Connecticut's Superior Court can enter a decree of legal separation on the same causes as a divorce, listed in Conn. Gen. Stat. 46b-40(c). Under section 46b-67(c), the decree has the effect of a divorce decree "except that neither party shall be free to marry," and either spouse can later petition to convert it into a dissolution under section 46b-65.
Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers legal separation under Conn. Gen. Stat. chapter 815j, sections 46b-40, 46b-42, 46b-44, 46b-56, 46b-62, 46b-65, 46b-66a, 46b-67, 46b-81, 46b-82 and 46b-84. It does not cover how alimony or child support amounts are calculated, informal separations without a court decree, tax effects, or other states' law. For dissolution of marriage, see Connecticut divorce laws.
Does Connecticut have legal separation?
It does. Connecticut's statutes provide for a "decree of legal separation" alongside a decree of dissolution of marriage. Section 46b-40(c) opens:
"A decree of dissolution of a marriage or a decree of legal separation shall be granted upon a finding that one of the following causes has occurred: (1) The marriage has broken down irretrievably; ..."
A legal separation is a court judgment. It is different from spouses simply living apart, and it settles many of the same issues as a divorce while leaving the marriage in place.
Grounds for legal separation in Connecticut
The causes for legal separation are the same ten causes the statute lists for dissolution (Conn. Gen. Stat. 46b-40(c)):
- The marriage has broken down irretrievably.
- Living apart by reason of incompatibility for a continuous 18 months immediately before service of the complaint, with no reasonable prospect of reconciliation.
- Adultery.
- Fraudulent contract.
- Wilful desertion for one year with total neglect of duty.
- Seven years' absence without being heard from.
- Habitual intemperance.
- Intolerable cruelty.
- A sentence to imprisonment for life, or an infamous crime involving a violation of conjugal duty and punishable by more than one year in prison.
- Legal confinement in a hospital or similar institution for mental illness for an accumulated five years within the six years before the complaint.
Each cause has its own wording and conditions in the statute. Read the full text of section 46b-40(c) before relying on any one of them.
Residency and where to file
Filing. Section 46b-44(a) provides: "A complaint for dissolution of a marriage or for legal separation may be filed at any time after either party has established residence in this state."
The decree. Filing and getting a decree are separate steps. Under section 46b-44(c), a decree may enter if one party resided in Connecticut for 12 months before filing or before the decree, or if one of the other residency alternatives in subsections (c)(2) and (c)(3) applies. Check those subsections for the exact conditions.
Court. The Superior Court "shall have exclusive jurisdiction of all complaints seeking a decree of annulment, dissolution of a marriage or legal separation" (Conn. Gen. Stat. 46b-42).
Forms and help. The Judicial Branch complaint is JD-FM-237, Legal Separation Complaint (Rev. 1-26). The Judicial Branch law libraries publish a research guide, Legal Separation in Connecticut (2025 edition), that collects the statutes, Practice Book rules and cases.
Timing. Public Act 23-46 rewrote the timing rules in section 46b-67(a). It replaced the former 90-day waiting period with new time periods: a default judgment against a defendant served personally or at home may enter no sooner than 30 days after the return date, other defaults need a hearing at least 60 days after it, and a contested trial cannot begin until at least 90 days after it. Section 46b-67(b)(3) lets the court waive these periods in some uncontested default cases that meet its conditions.
What the court can order in a legal separation
The court's powers at a legal separation largely track its powers at a divorce.
| Order | What the statute provides | Cite |
|---|---|---|
| Property | "At the time of entering a decree annulling or dissolving a marriage or for legal separation ... the Superior Court may assign to either spouse all or any part of the estate of the other spouse." Section 46b-66a addresses transferring title to real property. | 46b-81(a); 46b-66a |
| Alimony | "At the time of entering the decree, the Superior Court may order either of the parties to pay alimony to the other" | 46b-82(a) |
| Children | Custody, care, education, visitation and support of children | 46b-56; 46b-84 |
| Attorney's fees | Allowance of attorney's fees | 46b-62 |
For how alimony is decided, see Connecticut alimony laws. For custody, see Connecticut child custody laws, and for support, Connecticut child support laws.
You stay married after a legal separation
Section 46b-67(c) states the core difference from divorce:
"A decree of legal separation shall have the effect of a decree dissolving the marriage except that neither party shall be free to marry."
So a legally separated spouse cannot remarry. Compare a dissolution or annulment decree, which under the same subsection gives the parties "the status of unmarried persons and they may marry again."
Converting a legal separation to a divorce
Section 46b-65(b) allows conversion at any time:
"At any time after the entry of a decree of legal separation, either party may petition the superior court for the judicial district in which the decree was entered for a decree dissolving the marriage."
Section 46b-65(b) states no minimum waiting period before that petition. The Judicial Branch guide points to Practice Book sections 25-36 and 25-37 for the procedure and notes that the petition must state whether the parties have resumed marital relations.
Ending a legal separation without a divorce
Spouses who reconcile can undo the decree together. Under section 46b-65(a), the parties may jointly file a written declaration, signed, acknowledged and witnessed, stating that they no longer wish to be legally separated. Filing it vacates the decree and dismisses the complaint.
Public Act 22-26 changed this wording. The statute now refers to a declaration that the parties "no longer wish to be legally separated," replacing earlier language about a "resumption of marital relations."
Legal separation vs. divorce in Connecticut
Both use the same causes (46b-40(c)), the same filing rule and residency framework (46b-44), and the same court (46b-42), and the court's property and alimony powers apply to both (46b-81(a), 46b-82(a)). The difference is the result: after a divorce the parties may marry again, while after a legal separation neither is free to marry (46b-67(c)). For dissolution grounds and procedure in more depth, see Connecticut divorce laws.
Disclaimer: This article provides general legal information about legal separation under the Connecticut General Statutes, chapter 815j. It is not legal advice. The information was verified on 2026-10-08, and the law can change; the 2026 Supplement was checked and contains no changes to chapter 815j. For advice about your situation, consult a lawyer licensed in Connecticut or a Connecticut Judicial Branch law library.
Related
- Legal separation laws in every state
- Connecticut divorce laws
- Connecticut alimony laws
- Connecticut child custody laws
- Connecticut child support laws
Last updated: 2026-10-08.
Frequently Asked Questions
Can you get legally separated in Connecticut?
Yes. The Superior Court can enter a decree of legal separation on any of the causes listed for dissolution in Conn. Gen. Stat. 46b-40(c), such as irretrievable breakdown of the marriage.
Can you remarry after a legal separation in Connecticut?
No. A decree of legal separation has the effect of a dissolution decree except that neither party is free to marry (Conn. Gen. Stat. 46b-67(c)).
How do you convert a legal separation to a divorce in Connecticut?
At any time after the decree, either party may petition the Superior Court for the judicial district where the decree was entered for a decree dissolving the marriage (Conn. Gen. Stat. 46b-65(b)).
Do you have to live in Connecticut for 12 months to file for legal separation?
Not to file: a complaint may be filed once either party has established residence (46b-44(a)). The decree depends on 46b-44(c), which includes a 12-month residency option and other alternatives.
Can a Connecticut court divide property in a legal separation?
Yes. When it enters a decree for legal separation, the Superior Court may assign to either spouse all or any part of the estate of the other spouse (Conn. Gen. Stat. 46b-81(a)).
How do you cancel a legal separation in Connecticut?
The spouses can jointly file a signed, acknowledged and witnessed declaration that they no longer wish to be legally separated, which vacates the decree and dismisses the complaint (Conn. Gen. Stat. 46b-65(a)).
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Connecticut General Statutes, Title 46b (Family Law), Chapter 815j
§ 46b-65(Formerly Sec. 46-61). Filing of declaration to no longer be legally separated. Dissolution of marriage after entry of decree of legal separation.In force
(a) If the parties to a decree of legal separation at any time file a written declaration stating that they no longer wish to be legally separated and the declaration is signed, acknowledged and witnessed, and filed with the clerk of the superior court for the judicial district in which the separation was decreed, the declaration shall be entered upon the docket, under the entries relating to the complaint, and the decree shall be vacated and the complaint shall be deemed dismissed. (b) At any time after the entry of a decree of legal separation, either party may petition the superior court for the judicial district in which the decree was entered for a decree dissolving the marriage. The court may enter the decree in the presence of the party seeking the dissolution or, if a party attests that no restraining order issued pursuant to section 46b-15 or protective order issued pursuant to section 46b-38c, between the parties is in effect or pending before the court, the court may enter the decree without requiring the presence of either party.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at cga.ct.gov
§ 46b-67(Formerly Sec. 46-44). Time frame for court to proceed in action for dissolution of marriage or civil union, legal separation or annulment.In forcecited in 3 of our articles
(a) Unless the parties reach a full agreement upon which they ask the court to enter judgment prior to the return date, following the second day after which a complaint for dissolution or legal separation is made returnable, or after the expiration of six months, where proceedings have been stayed under section 46b-53, the court may proceed on the complaint, or whenever dissolution is claimed under cross complaint, amended complaint or amended cross complaint, the case may be heard and a decree granted thereon after the expiration of twenty days from the filing of the cross complaint, amended complaint or amended cross complaint with the court, provided the requirement of the twenty-day delay shall not apply (1) whenever the opposing party, having appeared, consents to the cross complaint, amended complaint or amended cross complaint, or (2) where the defendant has not appeared and the amendment does not set forth either a cause of action or a claim for relief not in the original complaint.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at cga.ct.gov
Cited in 6 court opinions in our collectionLatest citing opinion in our collection: 2019
Opinions citing this section in our collection:
- LaCroix v. LaCroix (Supreme Court of Connecticut 1983, 189 Conn. 685)“…endant on the basis of the cross eomplaint. He asserts that General Statutes § 46b-67 3 mandates a twenty-day wa…”
- Dutkiewicz v. Dutkiewicz (Supreme Court of Connecticut 2008, 289 Conn. 362)“…ing period, also measured from the return date, required by General Statutes § 46b-67 (a). 7 Under § 46b-67 (a),…”
- Loughlin v. Loughlin (Connecticut Appellate Court 2006, 93 Conn. App. 618)“…s of two single people, regardless of their intentions. See General Statutes 46b-67 (b) (“decree of . . . dissolution shall…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Connecticut Divorce Laws (2026): Grounds, Residency, and Process, Connecticut Annulment Laws: Grounds, Forms and How to File (2026)
§ 46b-40(Formerly Sec. 46-32). Grounds for dissolution of marriage; legal separation; annulment.In forcecited in 3 of our articles
(a) A marriage is dissolved only by (1) the death of one of the parties or (2) a decree of annulment or dissolution of the marriage by a court of competent jurisdiction. (b) An annulment shall be granted if the marriage is void or voidable under the laws of this state or of the state in which the marriage was performed. (c) A decree of dissolution of a marriage or a decree of legal separation shall be granted upon a finding that one of the following causes has occurred: (1) The marriage has broken down irretrievably; (2) the parties have lived apart by reason of incompatibility for a continuous period of at least the eighteen months immediately prior to the service of the complaint and that there is no reasonable prospect that they will be reconciled; (3) adultery; (4) fraudulent contract; (5) wilful desertion for one year with total neglect of duty; (6) seven years' absence, during all of which period the absent party has not been heard from; (7) habitual intemperance; (8) intolerable cruelty; (9) sentence to imprisonment for life or the commission of any infamous crime involving a violation of conjugal duty and punishable by imprisonment for a period in excess of one year;…
Official text (excerpt) · last checked 2026-09-05 · Read the full text in our law library · Verify at cga.ct.gov
Cited in 65 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Mitchell v. Mitchell (Supreme Court of Connecticut 1984, 194 Conn. 312)“…enced an action for dissolution of the marriage pursuant to General Statutes § 46b-40, the general dissolution provision. On…”
- Grimm v. Grimm (Connecticut Appellate Court 2004, 82 Conn. App. 41)“…his appeal, the defendant, Robert L. Grimm, claims that (1) General Statutes § 46b-40 (c) (l) 1 violates the free exercise o…”
- Foisie v. Foisie (Supreme Court of Connecticut 2020, 335 Conn. 525)“…ed marriage automatically would be dissolved under General Statutes § 46b-40 due to the defendant’s death,…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 46b-81(Formerly Sec. 46-51). Assignment of property and transfer of title.In forcecited in 2 of our articles
(a) At the time of entering a decree annulling or dissolving a marriage or for legal separation pursuant to a complaint under section 46b-45, the Superior Court may assign to either spouse all or any part of the estate of the other spouse. The court may pass title to real property to either party or to a third person or may order the sale of such real property, without any act by either spouse, when in the judgment of the court it is the proper mode to carry the decree into effect. (b) A conveyance made pursuant to the decree shall vest title in the purchaser, and shall bind all persons entitled to life estates and remainder interests in the same manner as a sale ordered by the court pursuant to the provisions of section 52-500. When the decree is recorded on the land records in the town where the real property is situated, it shall effect the transfer of the title of such real property as if it were a deed of the party or parties.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at cga.ct.gov
Cited in 926 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Leo v. Leo (Supreme Court of Connecticut 1985, 197 Conn. 1)“…claims that the trial court: (1) misapplied the criteria of General Statutes § 46b-81 (c) to the sale of jointly held real pr…”
- Krafick v. Krafick (Supreme Court of Connecticut 1995, 234 Conn. 783)“…erty for the purposes of equitable distribution pursuant to General Statutes § 46b-81, 1 and, if so, what methods are approp…”
- Delahunty v. Massachusetts Mutual Life Insurance (Supreme Court of Connecticut 1996, 236 Conn. 582)“…the other and may order either to pay alimony to the other. General Statutes §§ 46b-81 (a) and 46b-82. The purpose of property…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Connecticut Alimony Laws: How Spousal Support Works (2026)
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- Conn. Gen. Stat. 46b-40 (grounds for dissolution and legal separation)(www.cga.ct.gov).gov
- Conn. Gen. Stat. 46b-67 (effect of decree of legal separation; timing)(www.cga.ct.gov).gov
- Conn. Gen. Stat. 46b-65 (dissolution after legal separation; declaration vacating decree)(www.cga.ct.gov).gov
- Conn. Gen. Stat. 46b-44 (residency requirement)(www.cga.ct.gov).gov
- Conn. Gen. Stat. 46b-42 (Superior Court jurisdiction)(www.cga.ct.gov).gov
- Connecticut Judicial Branch form JD-FM-237, Legal Separation Complaint (Rev. 1-26)(www.jud.ct.gov).gov
- Legal Separation in Connecticut (Connecticut Judicial Branch Law Libraries research guide, 2025 ed.)(www.jud.ct.gov).gov
- Conn. Gen. Stat. 46b-81 (assignment of property and transfer of title)(www.cga.ct.gov).gov
- Conn. Gen. Stat. 46b-82 (alimony)(www.cga.ct.gov).gov
- Conn. Gen. Stat. 46b-56 (custody, care, education and visitation of children)(www.cga.ct.gov).gov
- Conn. Gen. Stat. 46b-62 (attorney's fees)(www.cga.ct.gov).gov