Maryland
Does Maryland Allow Legal Separation? What Replaced It (2026)
Independently fact-checked against primary sources (last audited October 8, 2026). · 7 primary sources cited on this page. How we verify our legal content
No. The Maryland Judiciary says plainly that "there is no such thing as a 'legal separation' in Maryland." The closest former option, limited divorce, was repealed effective October 1, 2023 by 2023 Md. Laws ch. 646, and spouses who live apart for six months can now file for an absolute divorce on that ground under Family Law § 7-103.
Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers whether Maryland law offers legal separation, the 2023 repeal of limited divorce (2023 Md. Laws ch. 646), and the options in the Maryland Code, Family Law Article §§ 1-201, 7-101, 7-103, 8-101 and 11-101. It does not cover how alimony or child support amounts are calculated, protective orders, or other states' law. For divorce grounds and procedure, see Maryland divorce laws.
Is there legal separation in Maryland?
No. The Maryland Judiciary's divorce help page answers the question directly:
"There is no such thing as a 'legal separation' in Maryland. If you and your spouse live separate lives for at least six months, you can file for divorce based on the ground (legal reason) of a '6-month separation.'"
Being separated in Maryland is a fact that can support a divorce, not a status a court grants. Spouses who are apart are still married until a court grants an absolute divorce.
Maryland abolished limited divorce in 2023
Before October 1, 2023, Maryland courts could grant a limited divorce. The General Assembly ended it with House Bill 14, "Family Law - Grounds for Divorce," enacted as 2023 Md. Laws ch. 646 and approved May 16, 2023. The act's purpose paragraph reads:
"FOR the purpose of repealing the authority of a court to decree a limited divorce; altering certain grounds for an absolute divorce; and generally relating to divorce."
The act repealed Family Law § 7-102, the limited-divorce section, and section 2 of the act made it effective October 1, 2023. The same act:
- replaced the 12-month separation ground for absolute divorce with a 6-month separation ground;
- removed adultery, desertion, felony conviction, insanity, cruelty and excessive vicious conduct as grounds for absolute divorce;
- kept the mutual consent ground;
- kept the rule that recrimination is not a bar to any listed ground.
Old cross-references still in the code
Some Family Law sections still mention limited divorce or cite § 7-102, including §§ 8-102, 8-202(a)(1), 11-101 and 11-102. Those are leftover references from before the repeal. They do not mean a limited divorce can still be granted.
Cases filed before October 1, 2023
Family Law § 7-103(f) has a transition rule for older cases. It lets a party orally amend, at a hearing, "a previously filed application for limited divorce filed before October 1, 2023," and treats that as the filing of the application for divorce.
Options instead of legal separation in Maryland
Maryland law gives separated spouses several routes; the first three do not end the marriage. Each one is separate, and none of them is called "legal separation."
| Option | What the statute provides | Cite |
|---|---|---|
| Alimony without divorce | "The court may award alimony: (1) on a bill of complaint for alimony;" | Family Law § 11-101(a)(1) |
| Custody, visitation and child support | Equity courts have jurisdiction over custody, visitation and child support matters | Family Law § 1-201(b) |
| A written agreement between spouses | "A husband and wife may make a valid and enforceable deed or agreement that relates to alimony, support, property rights, or personal rights." | Family Law § 8-101 |
| Divorce on the 6-month separation ground | Absolute divorce after the spouses live separate lives for 6 months; they may live under the same roof | Family Law § 7-103(a)(1), (b) |
Asking for alimony without filing for divorce
Family Law § 11-101(a)(1) lets the court award alimony on a bill of complaint for alimony, and § 1-201(b) lists alimony as its own matter within the equity court's jurisdiction. This page does not cover how this action is used after the 2023 repeal. For how alimony is decided, see Maryland alimony laws.
Custody and child support without divorce
Section 1-201(b) gives Maryland's equity courts jurisdiction over custody, visitation and child support on their own, so a parent does not need to file for divorce to ask for those orders. See Maryland child custody laws and Maryland child support laws.
Separation agreements
Family Law § 8-101 makes agreements between spouses on alimony, support, property rights or personal rights valid and enforceable. A lawyer licensed in Maryland can draft or review these agreements; this page does not describe their contents.
Divorce on the 6-month separation ground
The Maryland Judiciary's answer to the legal separation question points to divorce after six months apart. Family Law § 7-103(a) lists the current grounds for absolute divorce, including a 6-month separation, irreconcilable differences, and mutual consent with a settlement agreement. Under § 7-103(b), spouses may live under the same roof and still count as living separate lives.
Residency. Under Family Law § 7-101, if the grounds for the divorce occurred outside Maryland:
"a party may not apply for a divorce unless one of the parties has resided in this State for at least 6 months before the application is filed."
For the full divorce process, see Maryland divorce laws.
Where to get help
The Maryland Judiciary's divorce help page explains the 6-month separation ground and the court process. A lawyer licensed in Maryland can explain which of the options above fits a particular situation.
Disclaimer: This article provides general legal information about separation under Maryland law, based on the Maryland Code, Family Law Article and 2023 Md. Laws ch. 646, as verified on 2026-10-08. It is not legal advice, and the law can change. For advice about your situation, consult a lawyer licensed in Maryland or the Maryland Judiciary's family law help pages.
Related
- Legal separation laws in every state
- Maryland divorce laws
- Maryland alimony laws
- Maryland child custody laws
- Maryland child support laws
Last updated: 2026-10-08.
Frequently Asked Questions
Can you get a legal separation in Maryland?
No. The Maryland Judiciary states there is no such thing as a legal separation in Maryland. Spouses who live separate lives for at least six months can file for divorce on the 6-month separation ground (Family Law § 7-103).
Does Maryland still have limited divorce?
No. 2023 Md. Laws ch. 646 repealed a court's authority to decree a limited divorce and repealed Family Law § 7-102, effective October 1, 2023.
Can you be separated and live in the same house in Maryland?
For the 6-month separation divorce ground, Family Law § 7-103(b) allows the spouses to live under the same roof while living separate lives.
Can I get alimony in Maryland without getting divorced?
Family Law § 11-101(a)(1) lets the court award alimony on a bill of complaint for alimony, which is a case filed without a divorce.
Can I get custody or child support in Maryland without filing for divorce?
Yes. Family Law § 1-201(b) gives Maryland's equity courts jurisdiction over custody, visitation and child support as separate matters.
Are separation agreements enforceable in Maryland?
Family Law § 8-101 provides that a husband and wife may make a valid and enforceable agreement relating to alimony, support, property rights or personal rights.
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.
Maryland Code, Family Law Article
§ 7-103In forcecited in 3 of our articles
§7–103. (a) The court may decree an absolute divorce on the following grounds: (1) 6–month separation, if the parties have lived separate and apart for 6 months without interruption before the filing of the application for divorce; (2) irreconcilable differences based on the reasons stated by the complainant for the permanent termination of the marriage; or (3) mutual consent, if: (i) the parties execute and submit to the court a written settlement agreement signed by both parties that resolves all issues relating to: 1. alimony; 2. the distribution of property, including the relief provided in §§ 8–205 and 8–208 of this article; and 3.
Official text (excerpt) · last checked 2026-09-05 · Read the full text in our law library · Verify at mgaleg.maryland.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2006
Opinions citing this section in our collection:
- Lemley v. Lemley (Court of Special Appeals of Maryland 1994, 102 Md. App. 266)“…no-fault” divorce based on a voluntary one-year separation, Md.Code Ann., Family Law § 7-103(a)(3) (1991 Repl.Vol.), or an involunta…”
- Afeta v. Gonzales (Court of Appeals for the Fourth Circuit 2006, 467 F.3d 402)“…marital disso-lutions — an absolute divorce (a vinculo), Md.Code Ann., Fam. Law § 7-103 (2006), and a limited divorce (a mensa…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Maryland Divorce Laws (2026): Grounds, Residency, and Process, Divorce Laws by State (2026): Grounds, Residency, and Property
§ 11-101In forcecited in 4 of our articles
§11–101. (a) The court may award alimony: (1) on a bill of complaint for alimony; or (2) as a part of a decree that grants: (i) an annulment; (ii) a limited divorce; or (iii) an absolute divorce. (b) The court may award alimony to either party. (c) If a final disposition as to alimony has been made in an agreement between the parties, the court is bound by that agreement as the agreement relates to alimony. (d) Notwithstanding the provisions of subsections (a), (b), and (c) of this section, the court may not award alimony on a bill of complaint for alimony to the spouse of a resident in a related institution as defined in § 19-301 of the Health - General Article, if the petitioner attempts to satisfy the separation grounds for divorce under §§ 7-102 and 7-103 of this article based on the spouse’s residence in the related institution.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mgaleg.maryland.gov
Also relied on in: Maryland Alimony Laws: Rehabilitative and Indefinite Alimony (2026), Common Law Marriage in Maryland: Is It Recognized? (2026), Maryland Annulment Laws: Void Marriages and How to File (2026)
§ 8-101In forcecited in 2 of our articles
§8–101. (a) A husband and wife may make a valid and enforceable deed or agreement that relates to alimony, support, property rights, or personal rights. (b) A husband and wife may make a valid and enforceable settlement of alimony, support, property rights, or personal rights.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mgaleg.maryland.gov
Also relied on in: Maryland Prenuptial Agreement Laws: Cannon and Enforceability (2026)
§ 1-201In forcecited in 3 of our articles
§1–201. (a) For the purposes of subsection (b)(10) of this section, “child” means an unmarried individual under the age of 21 years. (b) An equity court has jurisdiction over: (1) adoption of a child, except for a child who is under the jurisdiction of any juvenile court and who previously has been adjudicated to be a child in need of assistance; (2) alimony; (3) annulment of a marriage; (4) divorce; (5) custody or guardianship of a child except for a child who is under the jurisdiction of any juvenile court and who previously has been adjudicated to be a child in need of assistance; (6) visitation of a child; (7) legitimation of a child; (8) paternity; (9) support of a child; (10) custody or guardianship of an immigrant child pursuant to a motion for Special Immigrant Juvenile factual findings requesting a determination that the child was abused, neglected, or abandoned before the age of 18 years for purposes of § 101(a)(27)(J) of the federal Immigration and Nationality Act; and (11) a petition for authorization for a minor to marry.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mgaleg.maryland.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- L.F.M. v. Department of Social Services (Court of Special Appeals of Maryland 1986, 67 Md. App. 379)“…the grant of jurisdiction to the equity courts contained in Md.Code Ann., Fam. Law, § 1-201 (1984), the court was empowered to orde…”
- Port v. Cowan (Court of Appeals of Maryland 2012, 426 Md. 435)“…Courts, over "divorce,” without using the term "marriage.” Md.Code Ann., Fam. Law § 1-201(a)(4) (LexisNexis 2006).…”
- In re: O.RG. (Court of Special Appeals of Maryland 2025)“…child pursuant to a motion for [SIJS] factual findings[,]” Md. Code Ann., Fam. Law § 1-201(b)(10), this “does not take away or im…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Maryland Child Custody Laws (2026): Types, Best Interests, and Your Rights
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Sources and References
- Maryland Courts Help: Divorce (Can I get a legal separation?)(mdcourts.gov).gov
- 2023 Md. Laws ch. 646 (H.B. 14, Family Law - Grounds for Divorce), enrolled text(mgaleg.maryland.gov).gov
- Md. Code, Family Law § 7-103 (grounds for absolute divorce)(mgaleg.maryland.gov).gov
- Md. Code, Family Law § 11-101 (alimony)(mgaleg.maryland.gov).gov
- Md. Code, Family Law § 1-201 (equity court jurisdiction)(mgaleg.maryland.gov).gov
- Md. Code, Family Law § 8-101 (agreements between spouses)(mgaleg.maryland.gov).gov
- Md. Code, Family Law § 7-101 (divorce residency)(mgaleg.maryland.gov).gov