Washington
Legal Separation in Washington: How It Works and What Courts Order
Independently fact-checked against primary sources (last audited October 10, 2026). · 12 primary sources cited on this page. How we verify our legal content
Yes, Washington has legal separation. Under RCW 26.09.030(d), a spouse can ask the superior court for a decree of legal separation "in lieu of dissolution," and the spouses stay married. Either spouse can later ask the court to convert the decree into a divorce, no earlier than six months after it is entered (RCW 26.09.150(2)(a)).
Information last verified on 2026-10-09. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers legal separation of a marriage in Washington State under chapter 26.09 RCW (mainly RCW 26.09.030, 26.09.050, 26.09.060, 26.09.070, 26.09.080, 26.09.090 and 26.09.150) and RCW 26.16.140. It does not cover separation of a state registered domestic partnership, maintenance amounts, how a legal separation affects inheritance, taxes or benefits, or other states' law. For divorce grounds and procedure, see Washington divorce laws.
Does Washington allow legal separation?
Yes. RCW 26.09.030(d) provides: "If the petitioner requests the court to decree legal separation in lieu of dissolution, the court shall enter the decree in that form unless the other party objects and petitions for a decree of dissolution or declaration of invalidity."
The case is filed in superior court as a proceeding "In re the marriage of" (RCW 26.09.010(2)). The statewide petition form is FL Divorce 203, Petition for Legal Separation (Marriage), dated 06/2024.
Grounds for legal separation
RCW 26.09.030 does not set out a separate list of grounds for legal separation. It treats legal separation as a form of decree a petitioner can request instead of dissolution. A dissolution itself rests on an allegation that the marriage is irretrievably broken (RCW 26.09.030).
The other spouse can push the case toward divorce. Under RCW 26.09.030(d), the court enters a legal separation "unless the other party objects and petitions for a decree of dissolution or declaration of invalidity." WashingtonLawHelp, the Northwest Justice Project's self-help site, says a spouse who responds asking for a divorce will probably get one.
Residency
RCW 26.09.030 allows a petition by a person who is a resident of Washington, a member of the armed forces stationed in Washington, or married to such a person. The text of that section does not state a minimum length of residence.
Waiting period and timeline
The 90-day waiting period in RCW 26.09.030 applies to dissolution: the court does not proceed on a divorce petition until 90 days after filing and service. WashingtonLawHelp says a legal separation does not have that 90-day wait. The statewide Findings and Conclusions About a Marriage form (FL Divorce 231) states the 90-day requirement only for a divorce.
Washington civil practice governs these proceedings except where chapter 26.09 RCW provides otherwise (RCW 26.09.010(1)). Under Superior Court Civil Rule 12(a), a spouse served in Washington generally has 20 days after service to respond; the period is 60 days if the summons is served outside Washington, by publication, or in a jail or prison.
What the court can order in a legal separation
RCW 26.09.050(1) covers legal separation alongside divorce and invalidity: "In entering a decree of dissolution of marriage or domestic partnership, legal separation, or declaration of invalidity, the court shall determine the marital or domestic partnership status of the parties, make provision for a parenting plan for any minor child of the marriage or domestic partnership, make provision for the support of any child ..., consider or approve provision for the maintenance of either spouse ..., make provision for the disposition of property and liabilities of the parties."
| Issue | What the statute provides | Source |
|---|---|---|
| Children | A parenting plan and child support | RCW 26.09.050(1) |
| Property and debts | Division of community and separate property that is "just and equitable," without regard to misconduct; the court may consider awarding the family home | RCW 26.09.080 |
| Spousal support | Maintenance, based on the factors in subsections (a) through (f), without regard to misconduct | RCW 26.09.090 |
| While the case is pending | Temporary maintenance, temporary child support and restraining orders | RCW 26.09.060 |
| Other terms | Tax exemptions, restraining orders and a name change can be addressed in the decree | RCW 26.09.050(1) |
For how Washington courts approach support, see Washington alimony laws, Washington child support laws and Washington child custody laws.
Effects of a legal separation decree
Finality. A decree of legal separation is final when entered, subject to the right of appeal (RCW 26.09.150(1)).
You are still married. Legal separation does not end the marriage. WashingtonLawHelp states: "You can only legally remarry if you change (convert) the separation order to a divorce order."
Earnings while living apart. RCW 26.16.140 provides: "When spouses or domestic partners are living separate and apart, their respective earnings and accumulations shall be the separate property of each." That rule turns on living separate and apart, not on having a decree.
This page does not cover how a legal separation affects inheritance rights, taxes, health insurance or government benefits. Ask a Washington family lawyer about those effects before filing.
Converting a legal separation to a divorce
RCW 26.09.150(2)(a) provides: "No earlier than six months after entry of a decree of legal separation, on motion of either party, the court shall convert the decree of legal separation to a decree of dissolution of marriage or domestic partnership."
Either spouse can make that motion; the statute does not require the other spouse's agreement. The court form is FL Divorce 251, Motion to Convert Legal Separation Order to Final Divorce Order (05/2016).
Separation contracts: living apart without a decree
Spouses can also set terms for living apart in a written separation contract under RCW 26.09.070(1). If the spouses choose to live apart without a court decree, they may record the contract and publish notice of it in a legal newspaper of the county where they lived before separating (RCW 26.09.070(2)).
In a later court proceeding, RCW 26.09.070(3) provides that "the contract, except for those terms providing for a parenting plan for their children, shall be binding upon the court unless it finds, after considering the economic circumstances of the parties and any other relevant evidence produced by the parties on their own motion or on request of the court, that the separation contract was unfair at the time of its execution." Child support terms are reviewed for compliance with RCW 26.19.020.
Forms and official help
The Washington Courts family law forms list includes:
- FL Divorce 203, Petition for Legal Separation (Marriage) (06/2024).
- FL Divorce 241, used for the Legal Separation Order.
- FL Divorce 251, Motion to Convert Legal Separation Order to Final Divorce Order (05/2016).
WashingtonLawHelp's "Legal separation basics" guide explains the process in plain language. The superior court clerk in your county can tell you about filing fees and local requirements.
Disclaimer: This article provides general legal information about legal separation under the Revised Code of Washington, verified on 2026-10-09. It is not legal advice. For advice about a specific situation, consult a lawyer licensed in Washington or contact the superior court clerk in your county.
Related
- Legal separation laws in every state
- Washington divorce laws
- Washington alimony laws
- Washington child custody laws
- Washington child support laws
Last updated: 2026-10-09.
Frequently Asked Questions
How long do you have to be legally separated before divorce in Washington?
If you have a decree of legal separation, either spouse may move to convert it to a divorce no earlier than six months after it was entered (RCW 26.09.150(2)(a)).
Is there a 90-day waiting period for legal separation in Washington?
The 90-day wait in RCW 26.09.030 applies to dissolution. WashingtonLawHelp says a legal separation does not have that 90-day wait, and the statewide findings form (FL Divorce 231) states the 90-day requirement only for a divorce.
Can my spouse turn a legal separation case into a divorce in Washington?
Yes. Under RCW 26.09.030(d) the court enters a legal separation unless the other party objects and petitions for dissolution or a declaration of invalidity.
Can I remarry after a legal separation in Washington?
No. Legally separated spouses remain married, and WashingtonLawHelp says you can legally remarry only after converting the separation order to a divorce order under RCW 26.09.150(2)(a).
Can I get spousal support with a legal separation in Washington?
Yes. RCW 26.09.050(1) and 26.09.090 let the court provide for maintenance in a legal separation decree, and RCW 26.09.060 allows temporary maintenance while the case is pending.
Is income earned after separating community property in Washington?
Under RCW 26.16.140, when spouses are living separate and apart, their respective earnings and accumulations are the separate property of each.
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.
Revised Code of Washington
§ 26.09.030Petition for dissolution of marriage or domestic partnership—Court proceedings, findings—Transfer to family court—Legal separation in lieu of dissolution.In forcecited in 2 of our articles
When a party who (1) is a resident of this state, or (2) is a member of the armed forces and is stationed in this state, or (3) is married or in a domestic partnership to a party who is a resident of this state or who is a member of the armed forces and is stationed in this state, petitions for a dissolution of marriage or dissolution of domestic partnership, and alleges that the marriage or domestic partnership is irretrievably broken and when ninety days have elapsed since the petition was filed and from the date when service of summons was made upon the respondent or the first publication of summons was made, the court shall proceed as follows: (a) If the other party joins in the petition or does not deny that the marriage or domestic partnership is irretrievably broken, the court shall enter a decree of dissolution. (b) If the other party alleges that the petitioner was induced to file the petition by fraud, or coercion, the court shall make a finding as to that allegation and, if it so finds shall dismiss the petition.
Official text (excerpt) · last checked 2026-09-05 · Read the full text in our law library · Verify at app.leg.wa.gov
Cited in 30 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- In Re the Marriage of Little (Washington Supreme Court 1981, 96 Wash. 2d 183)“…conclusion *187 rested upon the court's interpretation of RCW 26.09.030, 1 which gives residents of this state…”
- In re the Marriage of Buecking (Washington Supreme Court 2013, 179 Wash. 2d 438)“…ecked box labeled “Joinder.” Id. (boldface omitted). ¶4 RCW 26.09.030 provides that a court may enter a decre…”
- In Re the Marriage of Gannon (Washington Supreme Court 1985, 104 Wash. 2d 121)“…iage must allege that the marriage is irretrievably broken. RCW 26.09.030. Although an allegation that the marria…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Washington Divorce Laws (2026): Grounds, Residency, and Process
§ 26.09.150Decree of dissolution of marriage or domestic partnership, legal separation, or declaration of invalidity—Finality—Appeal—Conversion of decree of legal separation to decree of dissolution—Name of party.In forcecited in 3 of our articles
(1) A decree of dissolution of marriage or domestic partnership, legal separation, or declaration of invalidity is final when entered, subject to the right of appeal. An appeal which does not challenge the finding that the marriage or domestic partnership is irretrievably broken or was invalid, does not delay the finality of the dissolution or declaration of invalidity and either party may remarry or enter into a domestic partnership pending such an appeal. (2)(a) No earlier than six months after entry of a decree of legal separation, on motion of either party, the court shall convert the decree of legal separation to a decree of dissolution of marriage or domestic partnership. The clerk of court shall complete the certificate on the form provided by the department of health. On or before the tenth day of each month, the clerk of the court shall forward to the state registrar of vital statistics the certificate of each decree of divorce, dissolution of marriage or domestic partnership, annulment, or separate maintenance granted during the preceding month.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at app.leg.wa.gov
Cited in 18 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- In re the Marriage of Moody (Washington Supreme Court 1999, 137 Wash. 2d 979)“…f legal separation into a decree of dissolution pursuant to RCW 26.09.150. In November 1995, Homer filed a “motio…”
- In Re Marriage of Moody (Washington Supreme Court 1999, 976 P.2d 1240)“…f legal separation into a decree of dissolution pursuant to RCW 26.09.150. In November 1995, Homer filed a "motio…”
- In re the Marriage of Mu Chai (Court of Appeals of Washington 2004, 122 Wash. App. 247)“…n is final when entered, subject to the right of appeal. 2 RCW 26.09.150 allows a decree of separation to be con…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Washington Name Change Laws: How to Legally Change Your Name, Washington Annulment Laws: Grounds, Who Can File and How (2026)
§ 26.09.050Decrees—Contents—Restraining orders—Enforcement—Notice of termination or modification of restraining order.In force
(1) In entering a decree of dissolution of marriage or domestic partnership, legal separation, or declaration of invalidity, the court shall determine the marital or domestic partnership status of the parties, make provision for a parenting plan for any minor child of the marriage or domestic partnership, make provision for the support of any child of the marriage or domestic partnership entitled to support, consider or approve provision for the maintenance of either spouse or either domestic partner, make provision for the disposition of property and liabilities of the parties, make provision for the allocation of the children as federal tax exemptions, make provision for any necessary continuing restraining orders including the provisions contained in RCW 9.41.800, make provision for the issuance within this action of the restraint provisions of a domestic violence protection order or an antiharassment protection order under chapter 7.105 RCW, and make provision for the change of name of any party.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at app.leg.wa.gov
§ 26.09.070Separation contracts.In force
(1) The parties to a marriage or a domestic partnership, in order to promote the amicable settlement of disputes attendant upon their separation or upon the filing of a petition for dissolution of their marriage or domestic partnership, a decree of legal separation, or declaration of invalidity of their marriage or domestic partnership, may enter into a written separation contract providing for the maintenance of either of them, the disposition of any property owned by both or either of them, the parenting plan and support for their children and for the release of each other from all obligation except that expressed in the contract. (2) If the parties to such contract elect to live separate and apart without any court decree, they may record such contract and cause notice thereof to be published in a legal newspaper of the county wherein the parties resided prior to their separation. Recording such contract and publishing notice of the making thereof shall constitute notice to all persons of such separation and of the facts contained in the recorded document.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at app.leg.wa.gov
§ 26.09.080Disposition of property and liabilities—Factors.In forcecited in 4 of our articles
In a proceeding for dissolution of the marriage or domestic partnership, legal separation, declaration of invalidity, or in a proceeding for disposition of property following dissolution of the marriage or the domestic partnership by a court which lacked personal jurisdiction over the absent spouse or absent domestic partner or lacked jurisdiction to dispose of the property, the court shall, without regard to misconduct, make such disposition of the property and the liabilities of the parties, either community or separate, as shall appear just and equitable after considering all relevant factors including, but not limited to: (1) The nature and extent of the community property; (2) The nature and extent of the separate property; (3) The duration of the marriage or domestic partnership; and (4) The economic circumstances of each spouse or domestic partner at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to a spouse or domestic partner with whom the children reside the majority of the time.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at app.leg.wa.gov
Cited in 403 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- In Re the Marriage of Washburn (Washington Supreme Court 1984, 101 Wash. 2d 168)“…considered in dividing property and liabilities pursuant to RCW 26.09.080, or in awarding maintenance pursuant to…”
- In Re Marriage of Muhammad (Washington Supreme Court 2005, 108 P.3d 779)“…just and equitable after considering all relevant factors." RCW 26.09.080. Such factors include "[t]he economic c…”
- In re the Marriage of Muhammad (Washington Supreme Court 2005, 153 Wash. 2d 795)“…just and equitable after considering all relevant factors.” RCW 26.09.080. Such factors include “[t]he economic c…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Common Law Marriage in Washington State: Is It Recognized? (2026), Washington Prenuptial Agreement Laws: When Courts Enforce Them (2026)
§ 26.09.090Maintenance orders for either spouse or either domestic partner—Factors.In forcecited in 4 of our articles
(1) In a proceeding for dissolution of marriage or domestic partnership, legal separation, declaration of invalidity, or in a proceeding for maintenance following dissolution of the marriage or domestic partnership by a court which lacked personal jurisdiction over the absent spouse or absent domestic partner, the court may grant a maintenance order for either spouse or either domestic partner. The maintenance order shall be in such amounts and for such periods of time as the court deems just, without regard to misconduct, after considering all relevant factors including but not limited to: (a) The financial resources of the party seeking maintenance, including separate or community property apportioned to him or her, and his or her ability to meet his or her needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party; (b) The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find employment appropriate to his or her skill, interests, style of life, and other attendant circumstances; (c) The standard of living established during the marriage or…
Official text (excerpt) · last checked 2026-09-07 · Read the full text in our law library · Verify at app.leg.wa.gov
Cited in 226 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- In Re the Marriage of Washburn (Washington Supreme Court 1984, 101 Wash. 2d 168)“…nt to RCW 26.09.080, or in awarding maintenance pursuant to RCW 26.09.090. The Washburn court failed to consider…”
- In the Matter of Marriage of Bulicek (Court of Appeals of Washington 1990, 59 Wash. App. 630)“…e trial court considered the statutory factors set forth in RCW 26.09.090 1 and acted within its dis…”
- In Re the Marriage of Hadley (Washington Supreme Court 1977, 88 Wash. 2d 649)“…ed by those factors set out in RCW 26.09.080 (property) and RCW 26.09.090 (maintenance). The trial court properly…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Washington Spousal Maintenance (Alimony) Laws: How It Works (2026), Alimony by State: How Spousal Support Works (2026)
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Sources and References
- RCW 26.09.030: Petition for dissolution or legal separation (Washington State Legislature)(app.leg.wa.gov).gov
- RCW 26.09.150: Decree of dissolution, legal separation or invalidity, conversion (Washington State Legislature)(app.leg.wa.gov).gov
- RCW 26.09.050: Decrees, contents (Washington State Legislature)(app.leg.wa.gov).gov
- RCW 26.09.070: Separation contracts (Washington State Legislature)(app.leg.wa.gov).gov
- RCW 26.16.140: Earnings and accumulations of spouses living separate and apart (Washington State Legislature)(app.leg.wa.gov).gov
- Washington Courts: Family law forms, divorce and legal separation (FL Divorce 203, 241, 251)(courts.wa.gov).gov
- WashingtonLawHelp (Northwest Justice Project): Legal separation basics(washingtonlawhelp.org)
- RCW 26.09.080: Disposition of property and liabilities (Washington State Legislature)(app.leg.wa.gov).gov
- RCW 26.09.090: Maintenance orders (Washington State Legislature)(app.leg.wa.gov).gov
- RCW 26.09.060: Temporary maintenance or child support, restraining orders (Washington State Legislature)(app.leg.wa.gov).gov
- Superior Court Civil Rule 12: Defenses and objections (Washington Courts)(courts.wa.gov).gov
- FL Divorce 231, Findings and Conclusions About a Marriage (Washington Courts)(courts.wa.gov).gov
- RCW 26.09.010: Civil practice to govern, designation of proceedings (Washington State Legislature)(app.leg.wa.gov).gov