Louisiana
Legal Separation in Louisiana: Covenant Marriage Rules (2026)
Independently fact-checked against primary sources (last audited October 8, 2026). · 9 primary sources cited on this page. How we verify our legal content
In Louisiana, legal separation exists only for covenant marriages. A spouse in a covenant marriage may obtain a "judgment of separation from bed and board" on the grounds listed in La. R.S. 9:307(B); spouses in an ordinary marriage have no legal-separation action but can still seek support, custody and a separation of property without divorcing.
Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers separation from bed and board in a Louisiana covenant marriage under La. R.S. 9:307 to 9:309, and the options for spouses in an ordinary marriage under La. R.S. 9:291 and Civil Code article 2374, with a note on divorce timing under Civil Code article 103.1. It does not cover divorce procedure, spousal support amounts, or the law of any other state.
Does Louisiana Have Legal Separation?
Only for covenant marriages. Louisiana's term is separation from bed and board, and the statute that creates it is limited to covenant marriages:
"a spouse to a covenant marriage may obtain a judgment of separation from bed and board only upon proof of any of the following" La. R.S. 9:307(B)
This page is based on a full list of the Civil Code articles on marriage, divorce, spousal support and custody (articles 86 to 138) and the divorce part of Revised Statutes Title 9 (R.S. 9:301 to 9:310). The separation provisions found there, R.S. 9:307 to 9:309, are titled as applying "in a covenant marriage." The Law Library of Louisiana's divorce research guide likewise states that for traditional, non-covenant marriages, Louisiana no longer has an action for legal separation. The guide notes that couples legally separated before that action was repealed are still considered separated.
A covenant marriage is a distinct form of marriage governed by R.S. 9:272 to 9:276. Under R.S. 9:272(C), "A covenant marriage agreement may not be dissolved, rescinded, or otherwise terminated by the mutual consent of the spouses."
Grounds for Separation From Bed and Board
R.S. 9:307(B) lists the grounds for a covenant-marriage separation:
| Ground | Citation |
|---|---|
| Adultery | R.S. 9:307(B) |
| Commission of a felony with a sentence of death or imprisonment at hard labor | R.S. 9:307(B) |
| Abandonment of the matrimonial domicile for one year, with constant refusal to return | R.S. 9:307(B) |
| Physical or sexual abuse of the spouse or of a child | R.S. 9:307(B) |
| Living separate and apart for two years | R.S. 9:307(B) |
| Habitual intemperance, excesses, cruel treatment or outrages that make living together insupportable | R.S. 9:307(B) |
R.S. 9:307 calls for counseling first, except where abuse is the ground. This page does not cover what the counseling requirement involves.
Which Court Can Hear It
R.S. 9:308(B) gives jurisdiction to a court that can hear divorces when a spouse is domiciled in Louisiana and either:
- the ground occurred in Louisiana, or while the matrimonial domicile was in Louisiana; or
- the ground occurred elsewhere, but the plaintiff was domiciled in Louisiana before the ground arose and when the case is filed.
Venue follows the divorce rule: the parish where either party is domiciled or the parish of the last matrimonial domicile, and it cannot be waived. For divorce residency and procedure, see Louisiana divorce laws.
What the Court Can Order
R.S. 9:308(D) lets the court give a separated spouse the same incidental relief as in a divorce:
"a court may award a spouse all incidental relief afforded in a proceeding for divorce, including but not limited to spousal support, claims for contributions to education, child custody, visitation rights, child support, injunctive relief and possession and use of a family residence or community movables or immovables." La. R.S. 9:308(D)
The judgment also has property effects under R.S. 9:309(B). It carries a separation of goods and effects that is retroactive to the date the petition was filed. If the spouses reconcile, the community property regime is re-established as of the date the original petition was filed, unless before reconciling they sign a matrimonial agreement that it will not be (no court approval is needed for that agreement).
For support amounts, see Louisiana alimony laws. For custody, see Louisiana child custody laws.
You Stay Married
A separation from bed and board ends living together, not the marriage:
"Separation from bed and board in a covenant marriage does not dissolve the bond of matrimony, since the separated husband and wife are not at liberty to marry again" La. R.S. 9:309(A)(1)
The separated status lasts until the spouses reconcile or divorce (R.S. 9:309(A)(2)).
Converting a Separation to Divorce
A covenant spouse who has a separation judgment can seek a divorce after living separate and apart for the period in R.S. 9:307(A)(6):
| Situation | Time living apart after the separation judgment is signed |
|---|---|
| No minor children | One year |
| Minor children | One year and six months |
| Separation based on abuse of a child | One year |
Options If You Are Not in a Covenant Marriage
Spouses in an ordinary Louisiana marriage cannot get a legal separation, but they are not without remedies while they live apart.
Support and custody without a divorce. Spouses generally may not sue each other, but R.S. 9:291 makes an exception:
"Spouses may not sue each other except for ... causes of action pertaining to spousal support or the support or custody of a child while the spouses are living separate and apart." La. R.S. 9:291
Separation of property. A judgment of separation of property under Civil Code article 2374 ends the community regime while the spouses stay married. Article 2374 allows it in several situations, including a spouse's fraud, fault or neglect, a spouse's absence, and a pending divorce petition combined with 30 days of living apart. The six-month rule is the plainest:
"When the spouses have lived separate and apart continuously for a period of six months, a judgment decreeing separation of property shall be granted on the petition of either spouse." La. C.C. art. 2374(D)
Divorce. An ordinary-marriage divorce based on living separate and apart requires 180 days apart when there are no minor children and 365 days when there are minor children (La. C.C. art. 103.1), with other grounds in articles 102 and 103.
| Option | Who can use it | Ends the marriage? | Citation |
|---|---|---|---|
| Separation from bed and board | Covenant spouses only | No | R.S. 9:307 to 9:309 |
| Suit for spousal support, child support or custody | Spouses living separate and apart | No | R.S. 9:291 |
| Judgment of separation of property | Either spouse, on an article 2374 ground | No | C.C. art. 2374 |
| Divorce | Spouses meeting a divorce ground | Yes | C.C. arts. 102, 103, 103.1 |
Disclaimer: This article provides general legal information about separation from bed and board and related remedies under the Louisiana Revised Statutes and Civil Code, verified against the Louisiana State Legislature's published laws on 2026-10-08. It is not legal advice. For advice about your situation, consult a lawyer licensed in Louisiana or the Law Library of Louisiana's research guides.
Related
- Legal separation laws in every state
- Louisiana divorce laws
- Louisiana alimony laws
- Louisiana child custody laws
Last updated: 2026-10-08.
Frequently Asked Questions
Can you get a legal separation in Louisiana?
Only in a covenant marriage. La. R.S. 9:307(B) allows a judgment of separation from bed and board for covenant spouses; ordinary marriages have no legal-separation action today, though couples legally separated before the general action was repealed are still considered separated (Law Library of Louisiana).
What is separation from bed and board in Louisiana?
It is a court judgment for covenant spouses that ends living together but does not dissolve the marriage, so neither spouse may remarry (La. R.S. 9:309(A)(1)).
How long after a separation from bed and board can I divorce in Louisiana?
After one year of living apart from the signing of the separation judgment, or one year and six months if there are minor children (La. R.S. 9:307(A)(6)).
Can I get spousal support in Louisiana without a divorce?
Yes. La. R.S. 9:291 lets spouses sue each other for spousal support, child support or custody while they are living separate and apart.
How do I separate property from my spouse in Louisiana without divorcing?
Either spouse may obtain a judgment of separation of property after six months of living separate and apart continuously (La. C.C. art. 2374(D)); the article lists other grounds as well.
Can a covenant marriage be ended by agreement in Louisiana?
No. La. R.S. 9:272(C) says a covenant marriage agreement may not be dissolved, rescinded or otherwise terminated by the mutual consent of the spouses.
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.
Louisiana Revised Statutes
§ 9:307Divorce or separation from bed and board in a covenant marriage; exclusive groundsIn forcecited in 3 of our articles
A. Notwithstanding any other law to the contrary and subsequent to the parties obtaining counseling, a spouse to a covenant marriage may obtain a judgment of divorce only upon proof of any of the following: (1) The other spouse has committed adultery. (2) The other spouse has committed a felony and has been sentenced to death or imprisonment at hard labor. (3) The other spouse has abandoned the matrimonial domicile for a period of one year and constantly refuses to return. (4) The other spouse has physically or sexually abused the spouse seeking the divorce or a child of one of the spouses. (5) The spouses have been living separate and apart continuously without reconciliation for a period of two years. (6)(a) The spouses have been living separate and apart continuously without reconciliation for a period of one year from the date the judgment of separation from bed and board was signed.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
Cited in 7 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Chandler v. Chandler (Louisiana Court of Appeal 2013, 132 So. 3d 413)“…ion for legal separation in a covenant marriage pursuant to La. R.S. 9:307 on July 25, 2007. 2 She sought an awar…”
- Shirley v. Shirley (Louisiana Court of Appeal 2013, 127 So. 3d 935)“…d for judgment of separation from bed and board pursuant to La. R.S. 9:307(B) on the ground of habitual intemperan…”
- Johnson v. Johnson (Louisiana Court of Appeal 2014, 2014 La.App. 1 Cir. 0564)“…o the couple engaging in marital counseling, as required by La. R.S. 9:307 relative to covenant marriages. Mr. Joh…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Louisiana Divorce Laws (2026): Grounds, Residency, and Process
§ 9:308Separation from bed and board in covenant marriage; suit against spouse; jurisdiction, procedure, and incidental reliefIn force
A. Unless judicially separated, spouses in a covenant marriage may not sue each other except for causes of action pertaining to contracts or arising out of the provisions of Book III, Title VI of the Civil Code; for restitution of separate property; for separation from bed and board in covenant marriages, for divorce, or for declaration of nullity of the marriage; and for causes of action pertaining to spousal support or the support or custody of a child while the spouses are living separate and apart, although not judicially separated. B.(1) Any court which is competent to preside over divorce proceedings, including the family court for the parish of East Baton Rouge, has jurisdiction of an action for separation from bed and board in a covenant marriage, if: (a) One or both of the spouses are domiciled in this state and the ground therefor was committed or occurred in this state or while the matrimonial domicile was in this state.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
§ 9:309Separation from bed and board in a covenant marriage; effectsIn force
A.(1) Separation from bed and board in a covenant marriage does not dissolve the bond of matrimony, since the separated husband and wife are not at liberty to marry again; but it puts an end to their conjugal cohabitation, and to the common concerns, which existed between them. (2) Spouses who are judicially separated from bed and board in a covenant marriage shall retain that status until either reconciliation or divorce. B.(1) The judgment of separation from bed and board carries with it the separation of goods and effects and is retroactive to the date on which the original petition was filed in the action in which the judgment is rendered, but such retroactive effect shall be without prejudice to the liability of the community for the attorney fees and costs incurred by the spouses in the action in which the judgment is rendered, or to rights validly acquired in the interim between commencement of the action and recordation of the judgment.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
Louisiana Civil Code
§ 2374Judgment of separation of propertyIn force
A. When the interest of a spouse in a community property regime is threatened to be diminished by the fraud, fault, neglect, or incompetence of the other spouse, or by the disorder of the affairs of the other spouse, he may obtain a judgment decreeing separation of property. B. When a spouse is an absent person, the other spouse is entitled to a judgment decreeing separation of property. C. When a petition for divorce has been filed, upon motion of either spouse, a judgment decreeing separation of property may be obtained upon proof that the spouses have lived separate and apart without reconciliation for at least thirty days from the date of, or prior to, the filing of the petition for divorce. D. When the spouses have lived separate and apart continuously for a period of six months, a judgment decreeing separation of property shall be granted on the petition of either spouse.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
§ 103.1Judgment of divorce; time periodsIn forcecited in 3 of our articles
The requisite periods of time, in accordance with Articles 102 and 103 shall be as follows: (1) One hundred eighty days where there are no minor children of the marriage. (2) Three hundred sixty-five days when there are minor children of the marriage at the time the rule to show cause is filed in accordance with Article 102 or a petition is filed in accordance with Article 103.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2021
Opinions citing this section in our collection:
- Chamberlin v. Chamberlin (Louisiana Court of Appeal 2015, 14 La.App. 3 Cir. 1322)“…art. 103(2), or, in the alternative, a divorce pursuant to La.Civ.Code art. 103.1. . Mr. Chamberlin’s petition orig…”
- Lawrence Karl v. Heather Tanner Karl (Louisiana Court of Appeal 2021)“…ty days where there are no minor children of the marriage.” La.Civ.Code art. 103.1(1). The trial court found as a matter o…”
- Gregory Kevin Poole, III v. Kristie McMillin Poole (Louisiana Court of Appeal 2012)“…to an immediate divorce based on La.Civ.Code art. 102 and La.Civ.Code art. 103.1(2). In the reconventional demand…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- La. R.S. 9:307: Divorce or separation from bed and board in a covenant marriage; grounds(legis.la.gov).gov
- Louisiana Civil Code table of contents (articles 86 to 138 enumerated)(legis.la.gov).gov
- Louisiana Revised Statutes Title 9 table of contents (R.S. 9:301 to 9:310)(legis.la.gov).gov
- Law Library of Louisiana (Louisiana Supreme Court): Divorce, annulment and legal separation research guide(lasc.libguides.com)
- La. R.S. 9:272: Covenant marriage; may not be terminated by mutual consent(legis.la.gov).gov
- La. R.S. 9:308: Covenant marriage separation; jurisdiction, venue and incidental relief(legis.la.gov).gov
- La. R.S. 9:309: Effects of separation from bed and board in a covenant marriage(legis.la.gov).gov
- La. R.S. 9:291: Suits between spouses; spousal support, child support and custody while living apart(legis.la.gov).gov
- La. Civil Code art. 2374: Judgment of separation of property(legis.la.gov).gov
- La. Civil Code art. 103.1: Living separate and apart periods for divorce(legis.la.gov).gov