Massachusetts
Does Massachusetts Allow Legal Separation? Separate Support Explained
Independently fact-checked against primary sources (last audited October 8, 2026). · 9 primary sources cited on this page. How we verify our legal content
Massachusetts does not have a court action called legal separation or divorce from bed and board in its marriage, divorce and spousal-support chapters. Instead, a married person can ask the court for separate support under General Laws chapter 209, section 32, which lets the court order spousal support, custody and child support while the spouses stay married.
Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers the Massachusetts alternatives to legal separation in General Laws chapter 209 (sections 32, 32D and 32F) and chapter 208 (sections 1, 20 and 20A). It does not cover divorce procedure, alimony amounts, separation agreements, or protective orders, and it does not cover the law of any other state.
Is There Legal Separation in Massachusetts?
Not under that name. This page is based on the full list of section titles in chapters 207 (marriage), 208 (divorce) and 209 (husband and wife) of the Massachusetts General Laws. None is titled legal separation, separation decree, or divorce from bed and board.
The divorce chapter speaks of only one kind of divorce:
"A divorce from the bond of matrimony may be adjudged for adultery, impotency, utter desertion continued for one year next prior to the filing of the complaint ..." G.L. c. 208 s. 1
The Massachusetts court system publishes self-help pages on mass.gov about separate support; this article does not quote them. What the statutes do provide is a set of court orders that cover much of what a legal separation does elsewhere. Each is described below.
Separate Support Under G.L. c. 209 s. 32
Separate support is the closest Massachusetts equivalent to legal separation. Section 32 of chapter 209 lets a married person file in the probate court when the other spouse:
- fails, without justifiable cause, to provide suitable support;
- deserts the married person; or
- gives the married person justifiable cause for living apart.
On the third ground, the spouses do not have to be living apart already. The statute says:
"if a married person has justifiable cause for living apart from his spouse, whether or not the married person is actually living apart, the probate court may, upon the complaint of the married person ... prohibit the spouse from imposing any restraint upon the personal liberty of the married person" G.L. c. 209 s. 32
Section 32 does not state a minimum period of separation or desertion. This page does not identify a residency period in section 32; ask the court registry what it requires before filing.
What the Court Can Order in a Separate Support Case
Section 32 lets the court make, and later revise, orders that cover the main practical issues of a separation:
"the court may make further orders relative to the support of the married person and the care, custody and maintenance of minor children, may determine with which of the parents the children or any of them shall remain" G.L. c. 209 s. 32
| Order | What the statute allows | Citation |
|---|---|---|
| Personal liberty | Bar the other spouse from imposing any restraint on the filing spouse's personal liberty | c. 209 s. 32 |
| Spousal support | Orders for the support of the married person | c. 209 s. 32 |
| Children | Care, custody and maintenance of minor children, and which parent the children stay with | c. 209 s. 32 |
| Real estate | A judgment ordering a conveyance of real estate; if it is not complied with within three months and a certified copy is recorded or registered, the judgment itself vests title | c. 209 s. 32D |
For how custody is decided, see Massachusetts child custody laws. For how spousal support works in a divorce, see Massachusetts alimony laws.
Support Complaints Under G.L. c. 209 s. 32F
Section 32F offers a simpler support case when no annulment, divorce or section 32 case is pending. It allows a complaint in the district court, the Boston Municipal Court or the probate and family court:
"A complaint may also be filed by a married person for the support of the dependent child in his care or, if living apart from his spouse, for his own support." G.L. c. 209 s. 32F
Key points of section 32F:
- Where to file: "in the judicial district or county where either spouse lives," or where the child lives if the action includes or is on behalf of a minor child who lives with neither parent (s. 32F(b)).
- Cost and forms: the statute provides for no filing fee and a complaint form for people filing without a lawyer.
- Child support: the amount produced by the child support guidelines is presumed to be the right amount, a presumption the statute calls rebuttable (s. 32F(d)).
- Later cases: if an annulment, divorce or section 32 case is filed afterward, the support order in that case supersedes the section 32F order (s. 32F(f)).
For how the guidelines work, see Massachusetts child support laws.
Living Apart Orders Inside a Divorce Case
Two sections of the divorce chapter let a court order a separation without granting a divorce.
Section 20A applies when a divorce is denied. The court may "enter a judgment denying the divorce and making a finding that the plaintiff is living apart from the defendant for justifiable cause," and may make orders for the support of either spouse and the care, custody and maintenance of minor children (G.L. c. 208 s. 20A).
Section 20 applies while a divorce case is pending. The court may continue the case on the docket without entering a divorce and, during the continuance, "make orders relative to a temporary separation of the parties, the separate maintenance of either spouse and the custody and support of minor children" (G.L. c. 208 s. 20).
Massachusetts Separation Options Compared
| Option | Ends the marriage? | Main authority | What it can cover |
|---|---|---|---|
| Separate support action | No | c. 209 s. 32 | Spousal support, custody and child maintenance, personal liberty, real estate conveyance (s. 32D) |
| Support complaint | No | c. 209 s. 32F | Own support if living apart; support of a dependent child in your care |
| Judgment denying divorce with living-apart finding | No | c. 208 s. 20A | Support of either spouse, custody and maintenance of children |
| Temporary separation during a continued divorce case | No, while continued | c. 208 s. 20 | Temporary separation, separate maintenance, child custody and support |
| Divorce | Yes | c. 208 s. 1 | Ends the marriage on a statutory ground |
Moving From Separate Support to Divorce
Because Massachusetts has no separation decree, there is no procedure for converting one into a divorce. A spouse who wants to end the marriage files for divorce on a ground in G.L. c. 208 s. 1, which includes utter desertion continued for one year before filing and irretrievable breakdown under sections 1A and 1B. This page does not cover the waiting periods in those sections.
When a divorce case is filed after a section 32F support case, the support order in the divorce case supersedes the earlier one (c. 209 s. 32F(f)). For divorce grounds, residency and steps, see Massachusetts divorce laws.
Disclaimer: This article provides general legal information about separate support and related orders under Massachusetts General Laws chapters 208 and 209, verified against the Massachusetts Legislature's published General Laws on 2026-10-08. It is not legal advice. For advice about your situation, consult a lawyer licensed in Massachusetts or the self-help resources of the Massachusetts Probate and Family Court.
Related
- Legal separation laws in every state
- Massachusetts divorce laws
- Massachusetts alimony laws
- Massachusetts child custody laws
- Massachusetts child support laws
Last updated: 2026-10-08.
Frequently Asked Questions
Can you get a legal separation in Massachusetts?
Not by that name. Chapters 207 to 209 of the General Laws contain no section titled legal separation or divorce from bed and board; the closest action is separate support under G.L. c. 209 s. 32.
What is separate support in Massachusetts?
It is a probate court case under G.L. c. 209 s. 32 for a spouse who is not supported, has been deserted, or has justifiable cause for living apart. The court can order support and decide custody while the spouses remain married.
Do you have to live apart to file for separate support in Massachusetts?
Not on the justifiable-cause ground. G.L. c. 209 s. 32 allows the complaint whether or not the married person is actually living apart.
Can I get spousal support in Massachusetts without getting divorced?
Yes. A separate support case under c. 209 s. 32 or, if you are living apart, a support complaint under c. 209 s. 32F can produce a support order without a divorce.
Can a separate support judgment transfer real estate in Massachusetts?
If a judgment in a section 32 case directs a conveyance of real estate and it is not complied with within three months, G.L. c. 209 s. 32D makes the judgment itself vest title once a certified copy is recorded or registered.
Does separate support turn into a divorce in Massachusetts?
No. There is no conversion procedure; a divorce needs its own complaint on a ground in G.L. c. 208 s. 1, and its support orders supersede a section 32F order.
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.
Massachusetts General Laws, Chapter 209
§ 32Married person abandoned by spouse; order prohibiting restraint of personal liberty of spouse; support, custody and maintenance orders; information provided to complainant; domestic violence record search; investigations; factors determining support amountIn force
Section 32. If a spouse fails, without justifiable cause, to provide suitable support of the other spouse, or deserts the other spouse, or if a married person has justifiable cause for living apart from his spouse, whether or not the married person is actually living apart, the probate court may, upon the complaint of the married person, or if he is incompetent due to mental illness or mental retardation upon the complaint of the guardian or next friend, prohibit the spouse from imposing any restraint upon the personal liberty of the married person during such time as the court by its order may direct or until further order of the court thereon. Upon the complaint of any such party or guardian of a minor child made in accordance with the Massachusetts Rules of Civil Procedure the court may make further orders relative to the support of the married person and the care, custody and maintenance of minor children, may determine with which of the parents the children or any of them shall remain and may, from time to time, upon similar complaint revise and alter such judgment or make a new order or judgment as the circumstances of the parents or the benefit of the children may require.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at malegislature.gov
§ 32FMarried persons living apart; actions for supportIn force
Section 32F. (a) If no order for support pursuant to an action filed under chapters two hundred and seven, two hundred and eight or section thirty-two of this chapter has been entered, the district court, the Boston municipal court or the probate and family court shall have concurrent jurisdiction under this section to order a spouse to support the other spouse or to order a parent to support his dependent child; provided however, that nothing herein shall be construed to grant jurisdiction to the district court or Boston municipal court to determine the parentage of a child. A complaint may be filed by the IV–D agency against a spouse seeking an order for support of his dependent child. A complaint may also be filed by a married person for the support of the dependent child in his care or, if living apart from his spouse, for his own support.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at malegislature.gov
Massachusetts General Laws, Chapter 208
§ 20AJudgment denying divorce; living apart for justifiable cause; authorizationIn force
Section 20A. If, after a hearing, the allegations of an action for divorce are not sustained, the court may, if the facts warrant, enter a judgment denying the divorce and making a finding that the plaintiff is living apart from the defendant for justifiable cause, and may make such order relative to the support of either spouse and the care, custody of and maintenance of the minor children of the parties as the circumstances require. The various provisions of chapter two hundred and nine which relate to proceedings commenced under section thirty-two thereof shall be applicable to this section.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at malegislature.gov
§ 20Continuance of action; temporary separationIn force
Section 20. The court may, without entering a judgment of divorce, order the action continued upon the docket from time to time, and during such continuance may make orders relative to a temporary separation of the parties, the separate maintenance of either spouse and the custody and support of minor children. Such orders may be changed or annulled as the court may determine, and shall, while they are in force, supersede any order of the probate court under section thirty-two of chapter two hundred and nine and may suspend the right of said court to act under said section. When the court makes an order for maintenance of a spouse or support of a minor child, and such spouse or child is not a member of a private group health insurance plan, the court shall include in such order a provision relating to health insurance, which provision shall be in accordance with section thirty-four.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at malegislature.gov
§ 1Causes for divorce; general provisionsIn forcecited in 2 of our articles
Section 1. A divorce from the bond of matrimony may be adjudged for adultery, impotency, utter desertion continued for one year next prior to the filing of the complaint, gross and confirmed habits of intoxication caused by voluntary and excessive use of intoxicating liquor, opium, or other drugs, cruel and abusive treatment, or, if a spouse being of sufficient ability, grossly or wantonly and cruelly refuses or neglects to provide suitable support and maintenance for the other spouse, or for an irretrievable breakdown of the marriage as provided in sections one A and B; provided, however, that a divorce shall be adjudged although both parties have cause, and no defense upon recrimination shall be entertained by the court.
Official text (excerpt) · last checked 2026-09-05 · Read the full text in our law library · Verify at malegislature.gov
Also relied on in: Massachusetts Divorce Laws (2026): Grounds, Residency, and Process
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Sources and References
- M.G.L. chapter 207: Marriage (section list)(malegislature.gov).gov
- M.G.L. chapter 208: Divorce (section list)(malegislature.gov).gov
- M.G.L. chapter 209: Husband and Wife (section list)(malegislature.gov).gov
- M.G.L. c. 208 s. 1: Grounds for divorce from the bond of matrimony(malegislature.gov).gov
- M.G.L. c. 209 s. 32: Separate support; orders for support, custody and personal liberty(malegislature.gov).gov
- M.G.L. c. 209 s. 32D: Conveyance of real estate by judgment in separate support proceedings(malegislature.gov).gov
- M.G.L. c. 209 s. 32F: Support complaints in district, Boston Municipal and probate and family courts(malegislature.gov).gov
- M.G.L. c. 208 s. 20A: Judgment denying divorce with finding of living apart for justifiable cause(malegislature.gov).gov
- M.G.L. c. 208 s. 20: Temporary separation orders while a divorce action is continued(malegislature.gov).gov