Also known as: legal separations · legally separated · judicial separation
Written by attorneys · grounded in primary & secondary sources — see below
A judicial decree authorizing spouses to live apart while the marriage remains intact. The decree may order spousal and child support based on one spouse's need and the other's ability to pay, divide property, and address custody without terminating marital status.
Lamar Lewis stopped contributing to household bills after moving out of the marital home. Lena Lawson petitioned the court for alimony and child support. The court examined Lena's need and Lamar's ability to pay and entered an order requiring ongoing payments while the marriage remained intact.
Lorenzo Lugo and Lars Lindstrom agreed to arbitrate all marital disputes including possible legal separation. When Lars sought an arbitral decree of legal separation, the arbitrator declined. Only a court could enter the status-changing decree.
Select any source to read its text and confirm it supports the definition.
Landon Long filed a verified petition for legal separation alleging the marriage was irretrievably broken. The petition listed each party's age, occupation, residence, and the date and place of the marriage. The court accepted the filing and set a hearing.
Lance Lee and Lena Lawson sought legal separation after acquiring both separate and marital assets. The court assigned each spouse's separate property to that spouse and divided the community property in just proportions without regard to misconduct.
Lars Lindstrom petitioned for legal separation and requested division of assets acquired during the marriage. The court equitably apportioned the property and assets belonging to either spouse after considering the duration of the marriage, each party's needs, and homemaker contributions.
Lamar Lewis obtained a decree of legal separation. When Lena Lawson appealed only the support award, the decree remained final as to the separation itself. Either party could later move to convert the decree into a dissolution after the statutory waiting period.
No. Family-law arbitration statutes expressly withhold authority from arbitrators to issue awards that grant legal separation, divorce, dissolution, or annulment. Those status changes remain the exclusive province of courts because they alter marital status.
Supporting sources
No. Spouses retain an obligation to support one another during legal separation. A spouse who is not receiving support may petition for alimony and child support, with the amount determined by need and ability to pay.
Supporting sources
Yes. The decree is final when entered, subject only to the right of appeal. An appeal that does not challenge the separation finding does not delay finality of that provision.
Supporting sources
Yes. In a proceeding for legal separation the court may equitably apportion property and assets belonging to either or both spouses without regard to marital misconduct, considering factors such as duration of the marriage, needs, and contributions.
Supporting sources
…in pertinent part: "(1) No license shall be issued to any person who is or has been a party to an action for divorce or legal separation in this state or elsewhere unless the court in the action for divorce or legal separation has granted permission to marry. The court may grant permission to marry only if it finds that the…