Wyoming
Legal Separation in Wyoming: Judicial Separation Under W.S. 20-2-106
Independently fact-checked against primary sources (last audited October 10, 2026). · 5 primary sources cited on this page. How we verify our legal content
Yes, Wyoming allows legal separation. The statute calls it judicial separation: under Wyoming Statutes § 20-2-106, a spouse who has grounds for divorce can ask the district court to be "allowed to live separate and apart" instead of seeking a divorce. The court can order custody, support, property division and alimony, and the spouses stay married.
Information last verified on 2026-10-09. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers judicial (legal) separation in Wyoming under Wyoming Statutes §§ 20-2-106, 20-2-102, 20-2-104, 20-2-105, 20-2-107, 20-2-201, 20-2-202 and 2-6-125, plus the Wyoming Judicial Branch's divorce help page. It does not cover support amounts, tax or benefits effects, or other states' law. For ending the marriage, see Wyoming divorce laws.
Does Wyoming have legal separation?
Yes. Wyoming Statutes § 20-2-106 is headed "Judicial separation; procedure; powers of court; defenses." Subsection (a) provides:
"When circumstances are such that grounds for a divorce exist, the aggrieved party may institute a proceeding by complaint in the same manner as if petitioner were seeking a decree of divorce, but praying instead to be allowed to live separate and apart from the offending party."
The Wyoming Judicial Branch uses the more familiar name. Its divorce help page explains: "A legal separation is a court order that decides who gets the children, who pays support for the children, whether spousal support is ordered, and who gets what property."
Grounds for legal separation in Wyoming
A judicial separation requires the same grounds as a divorce. Under W.S. 20-2-104, a divorce may be decreed "on the grounds of irreconcilable differences in the marital relationship." Section 20-2-105 provides a separate ground for incurable insanity after two years' confinement.
Under W.S. 20-2-106(d), the defenses available in a divorce case are also available in a separation case.
Residency and where to file
Section 20-2-106 does not state its own residency rule. It says the case is brought "in the same manner as if petitioner were seeking a decree of divorce."
Wyoming's divorce residency rule, W.S. 20-2-107(a), provides: "No divorce shall be granted unless one of the parties has resided in this state for sixty (60) days immediately preceding the time of filing the complaint, or the marriage was solemnized in this state and one of the parties has resided in this state from the time of the marriage until the filing of the complaint." This page does not cover whether a court applies that residence rule to a judicial separation, so ask the district court clerk or a Wyoming lawyer before filing.
The Judicial Branch's self-help forms page offers divorce packets. As of 2026-10-08, it did not list a separation-specific form.
What a Wyoming court can order in a legal separation
Section 20-2-106(c) gives the court broad power:
"The court may make such orders as appear just, including custody of the children, provision for support, disposition of the properties of the parties, alimony, restraint of one (1) or both spouses during litigation and restraint of disposition of property. The court may impose a time limitation on the order or render a perpetual separation. The parties may at any time move the court to be discharged from the order."
| Issue | What the statute provides | Cite |
|---|---|---|
| Children | Custody of the children; any disposition of the children that is most expedient and in their best interests | W.S. 20-2-106(c); 20-2-201(a) |
| Support | "Provision for support" | W.S. 20-2-106(c) |
| Property | "Disposition of the properties of the parties" and restraint of disposition of property | W.S. 20-2-106(c) |
| Alimony | Listed among the orders the court may make | W.S. 20-2-106(c) |
| Length of the order | A time limitation, or a perpetual separation | W.S. 20-2-106(c) |
| Ending the order | Either party may move at any time to be discharged | W.S. 20-2-106(c) |
Custody decisions follow the same best-interests section used in divorce and annulment. Under W.S. 20-2-201(a), "In granting a divorce, separation or annulment of a marriage ... the court may make by decree or order any disposition of the children that appears most expedient and in the best interests of the children." A 2025 law, Enrolled Act 60 (HB0083), amended § 20-2-201(a) to add a best-interest factor tied to sex-offender registration and amended § 20-2-202 to add a rebuttable presumption against unsupervised visitation in certain cases. See Wyoming child custody laws for the custody factors and Wyoming alimony laws for spousal support.
You stay married after a legal separation
A separation decree lets the spouses live apart, but it does not end the marriage. The Wyoming Judicial Branch states: "The main difference between a legal separation and a divorce is that you are still married after a legal separation." The same page notes that "Filing for legal separation does not prevent a divorce from being filed."
Under W.S. 2-6-125(a)(i), "A decree of separation that does not terminate the status of spouses is not a divorce or annulment" for purposes of Wyoming's rule that revokes provisions for a former spouse in wills and other transfers on death, such as beneficiary designations, after a divorce or annulment. A separation decree therefore does not trigger that automatic revocation.
Turning a legal separation into a divorce
A separation decree does not become a divorce on its own. Section 20-2-106(b) provides:
"No separation by decree entered hereunder shall be grounds for a divorce on the grounds of desertion or two (2) year separation unless those grounds existed at the time of petitioning for judicial separation. A decree of divorce may be granted after the decree of judicial separation is entered upon proper grounds arising thereafter."
Current Wyoming law does not list desertion or two-year separation as divorce grounds: W.S. 20-2-104 provides irreconcilable differences, and W.S. 20-2-105 provides a ground for incurable insanity.
A spouse who later wants a divorce files a divorce action on Wyoming's divorce grounds, such as irreconcilable differences under W.S. 20-2-104. See Wyoming divorce laws for that process.
Support without a separation or divorce
A spouse who wants support but no separation decree has another option. Under W.S. 20-2-102, "When the husband and wife are living separately, or when they are living together but one (1) spouse does not support the other spouse or children within his means, and no proceeding for divorce is pending, the other spouse or the department of family services may institute a proceeding for support."
Disclaimer: This article provides general legal information about judicial (legal) separation under the Wyoming Statutes, verified on 2026-10-09. It is not legal advice. For advice about a specific situation, consult a lawyer licensed in Wyoming or the Wyoming Judicial Branch's self-help resources.
Related
- Legal separation laws in every state
- Wyoming divorce laws
- Wyoming alimony laws
- Wyoming child custody laws
- Wyoming child support laws
Last updated: 2026-10-09.
Frequently Asked Questions
Is legal separation recognized in Wyoming?
Yes. W.S. 20-2-106 provides for judicial separation, which the Wyoming Judicial Branch calls legal separation; the court allows the aggrieved spouse to live separate and apart from the other spouse.
What do you need to get a legal separation in Wyoming?
Grounds for a divorce must exist, and the aggrieved spouse files a complaint in the same manner as a divorce complaint (W.S. 20-2-106(a)). The divorce grounds include irreconcilable differences under W.S. 20-2-104.
Can you get alimony during a legal separation in Wyoming?
W.S. 20-2-106(c) lists alimony among the orders a court may make in a judicial separation, along with custody, support and disposition of property.
How long does a legal separation last in Wyoming?
Under W.S. 20-2-106(c), the court may set a time limit on the order or render a perpetual separation, and the parties may at any time move to be discharged from the order.
Are you still married after a legal separation in Wyoming?
Yes. The Wyoming Judicial Branch explains that you are still married after a legal separation. Under W.S. 20-2-106(b), a divorce may be granted after the separation decree on proper grounds arising afterwards.
Can you get support without filing for separation or divorce in Wyoming?
Yes. W.S. 20-2-102 lets a spouse, or the department of family services, bring a support proceeding when the spouses live separately or one spouse does not support the other or the children, and no divorce is pending.
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.
Wyoming Statutes, Title 20 - Domestic Relations - Chapter 2: Dissolution of Marriage - Article 1: In General
§ 20-2-106Judicial separation; procedure; powers of court; defenses.In force
(a) When circumstances are such that grounds for a divorce exist, the aggrieved party may institute a proceeding by complaint in the same manner as if petitioner were seeking a decree of divorce, but praying instead to be allowed to live separate and apart from the offending party. (b) No separation by decree entered hereunder shall be grounds for a divorce on the grounds of desertion or two (2) year separation unless those grounds existed at the time of petitioning for judicial separation. A decree of divorce may be granted after the decree of judicial separation is entered upon proper grounds arising thereafter. (c) The court may make such orders as appear just, including custody of the children, provision for support, disposition of the properties of the parties, alimony, restraint of one (1) or both spouses during litigation and restraint of disposition of property. The court may impose a time limitation on the order or render a perpetual separation. The parties may at any time move the court to be discharged from the order. (d) All defenses available in an action for divorce are available under this section.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at wyoleg.gov
§ 20-2-102Petition by spouse for support.In force
When the husband and wife are living separately, or when they are living together but one (1) spouse does not support the other spouse or children within his means, and no proceeding for divorce is pending, the other spouse or the department of family services may institute a proceeding for support. No less than five (5) days after notice is personally served upon the nonsupporting spouse, the court may hear the petition and grant such order concerning the support of the spouse or children as it might grant were it based on a proceeding for divorce. If the nonsupporting spouse cannot be personally served within this state but has property within the jurisdiction of the court, or debts owing to him, the court may order such constructive service as appears sufficient and proper and may cause an attachment of the property. Upon completion of constructive service the court may grant relief as if personal service was had.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at wyoleg.gov
§ 20-2-104Causes for divorce generally; venue generally.In forcecited in 3 of our articles
A divorce may be decreed by the district court of the county in which either party resides on the complaint of the aggrieved party on the grounds of irreconcilable differences in the marital relationship.
Official text (excerpt) · last checked 2026-09-05 · Read the full text in our law library · Verify at wyoleg.gov
Cited in 6 court opinions in our collectionLatest citing opinion in our collection: 2020
Opinions citing this section in our collection:
- Rocio Esmeralda Mercado Soto Linch v. Ronald B. Linch (Wyoming Supreme Court 2015, 361 P.3d 308)“…isdiction over the complaint. 2. Improper Venue [¶25] Wyo. Stat. Ann. § 20-2-104 defines the proper venue for the filing…”
- Combs v. Sherry-Combs (Wyoming Supreme Court 1993, 865 P.2d 50)“…divorce by a district court with appropriate jurisdiction. Wyo.Stat. § 20-2-104 (1987). In attempting to restrict the j…”
- Casey Charles Peak v. Amanda Ann Peak (Wyoming Supreme Court 2016, 383 P.3d 1084)“…ming statutes that a complaint for divorce be verified. See Wyo. Stat. Ann. § 20-2-104 (LexisNexis 2015) (party seeking divorc…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 20-2-107Residential requirements generally for divorce.In forcecited in 2 of our articles
(a) No divorce shall be granted unless one of the parties has resided in this state for sixty (60) days immediately preceding the time of filing the complaint, or the marriage was solemnized in this state and one of the parties has resided in this state from the time of the marriage until the filing of the complaint. (b) A married person who at the time of filing a complaint for divorce resides in this state is a resident although his spouse may reside elsewhere.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at wyoleg.gov
Cited in 6 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Rocio Esmeralda Mercado Soto Linch v. Ronald B. Linch (Wyoming Supreme Court 2015, 361 P.3d 308)“…mplaint to Allege Residential Basis for Jurisdiction [¶21] Wyo. Stat. Ann. § 20-2-107(a) defines the basis for a district cou…”
- Black v. De Black (Wyoming Supreme Court 2000, 1 P.3d 1244)“…was unable to satisfy the jurisdictional requirements of Wyo. Stat. Ann. § 20-2-107 (Lexis 1999). In Case No. 98-228, the…”
- Lucia Guh-Siesel v. Brian Allan Siesel (Wyoming Supreme Court 2024, 548 P.3d 585)“…more than 60 days immediately preceding her divorce filing. Wyo. Stat. Ann. § 20-2-107 sets forth the requirements for a Wyomi…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Wyoming Statutes, Title 20 - Domestic Relations - Chapter 2: Dissolution of Marriage - Article 2: Custody and Visitation
§ 20-2-201Disposition and maintenance of children in decree or order; access to records.In forcecited in 4 of our articles
(a) In granting a divorce, separation or annulment of a marriage or upon the establishment of paternity pursuant to W.S. 14-2-401 through 14-2-907, the court may make by decree or order any disposition of the children that appears most expedient and in the best interests of the children. In determining the best interests of the child, the court shall consider, but is not limited to, the following factors: (i) The quality of the relationship each child has with each parent; (ii) The ability of each parent to provide adequate care for each child throughout each period of responsibility, including arranging for each child's care by others as needed; (iii) The relative competency and fitness of each parent; (iv) Each parent's willingness to accept all responsibilities of parenting, including a willingness to accept care for each child at specified times and to relinquish care to the other parent at specified times; (v) How the parents and each child can best maintain and strengthen a relationship with each other; (vi) How the parents and each child interact and communicate with each other and how such interaction and communication may be improved; (vii) The ability and…
Official text (excerpt) · last checked 2026-09-05 · Read the full text in our law library · Verify at wyoleg.gov
Cited in 103 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Jeffrey R. Arnott v. Paula a/k/a Polly A. Arnott (Wyoming Supreme Court 2012, 293 P.3d 440)“…he best interests of the children pursuant to W.S. 20-2-201(a). In any proceeding in…”
- Bruegman v. Bruegman (Wyoming Supreme Court 2018, 417 P.3d 157)“…ationship, and the district court carefully weighed this. Wyo. Stat. § 20-2-201(a)(vii) requests courts to evaluate the…”
- Brandon Lee Jensen v. Margaret E. Milatzo-Jensen (Wyoming Supreme Court 2013, 297 P.3d 768)“…s identified several factors that the court must consider. Wyo. Stat. Ann. § 20-2-201 . Although not specifically referenced,…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Wyoming Child Custody Laws (2026): Best Interests Factors and Your Rights, Wyoming Divorce Laws (2026): Grounds, Residency, and Process, Wyoming Child Support Laws (2026): Guidelines & Calculator
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Sources and References
- Wyoming Statutes Title 20 (Domestic Relations), including §§ 20-2-102, 20-2-104, 20-2-105, 20-2-106, 20-2-107, 20-2-201 and 20-2-202 (Wyoming Legislature)(wyoleg.gov).gov
- Wyoming Judicial Branch: Legal Help by Topic, Divorce (What is legal separation?)(wyocourts.gov).gov
- Wyoming Legislature: 2025 Enrolled Act 60 (HB0083)(wyoleg.gov).gov
- Wyoming Judicial Branch: Self-Help Forms(wyocourts.gov).gov
- Wyoming Statutes Title 2, including § 2-6-125 (revocation of probate and nonprobate transfers by divorce or annulment) (Wyoming Legislature)(wyoleg.gov).gov