Legal Separation

California provides legal separation as a distinct court proceeding under the same grounds as divorce — irreconcilable differences or permanent legal incapacity. No residency requirement (unlike the 6-month requirement for divorce). No 6-month waiting period applies. The court divides property, awards support, and makes custody orders, but the parties remain married. Starting January 1, 2026, SB 1427 allows couples to file a joint petition for legal separation.

Cal. Fam. Code §§ 2310, 2313

New York provides two paths: (1) a judicial decree of separation under DRL § 200, requiring fault-based grounds (cruel and inhuman treatment, abandonment, failure to support, or adultery), and (2) a private separation agreement under DRL § 236(B)(3) that must be written, signed, and acknowledged. Living apart for one year after a filed separation agreement enables a 'conversion divorce' under DRL § 170(6). A judicial separation may be revoked upon joint application showing reconciliation under DRL § 203.

N.Y. Dom. Rel. Law §§ 200–203, 170(6), 236(B)(3)

Florida does not recognize legal separation as a formal legal status. There is no statutory framework for it — parties are either married or divorced. However, under Fla. Stat. § 61.09, a spouse may petition for support (alimony and child support) without filing for divorce. Parties may also use postnuptial agreements and parenting plans under § 61.13 to address practical separation concerns.

Fla. Stat. §§ 61.09, 61.13 (no legal separation statute)

Texas does not recognize legal separation. The Texas Family Code contains no provision for it, so spouses remain fully married until a divorce is finalized. Alternatives include temporary orders under TFC § 6.502, partition and exchange agreements under TFC § 4.102, and suits affecting the parent-child relationship under TFC §§ 153.001–153.015. Community property rules continue to apply regardless of living arrangements.

Tex. Fam. Code §§ 6.502, 4.102 (no legal separation statute)

Illinois provides legal separation under the Illinois Marriage and Dissolution of Marriage Act. A spouse living separate and apart may petition for reasonable support and maintenance. The court may award maintenance under § 504 factors but may not divide property absent a voluntary property settlement agreement. Either party may later file for dissolution under § 402(c), and maintenance is decided de novo in the subsequent divorce proceeding. Spouses may be considered 'separate and apart' even while sharing a residence.

750 ILCS 5/402

North Carolina uses a 'Divorce from Bed and Board' (DBB) under N.C.G.S. § 50-7, which is a court-ordered legal separation — not an actual divorce despite the name. It is fault-based, requiring proof of one of six grounds: abandonment, malicious turning out, cruel or barbarous treatment, intolerable indignities, excessive substance use, or adultery. A DBB suspends spousal support obligations, may eject the at-fault spouse from the marital home, and adversely affects the at-fault spouse's inheritance rights under § 31A-1.

N.C. Gen. Stat. §§ 50-7, 31A-1

Georgia does not have legal separation but provides 'separate maintenance' under O.C.G.A. § 19-6-10. When spouses are living separately with no divorce action pending, either party may petition for orders regarding alimony, child custody, child support, and equitable division of property — the same relief available in a divorce proceeding. Fault is not required. The marriage remains intact and neither party may remarry.

O.C.G.A. § 19-6-10

Ontario (and all Canadian provinces) does not require a court order for separation — spouses are considered separated once one party decides the relationship is over and they begin living apart. Separation agreements under the Ontario Family Law Act, R.S.O. 1990, c. F.3, § 54 must be written, signed, and witnessed. Under the federal Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), § 8(2)(a), one year of living separate and apart is grounds for divorce. The 90-day reconciliation rule under § 8(3)(b) allows spouses to attempt reconciliation without resetting the one-year clock.

Family Law Act, R.S.O. 1990, c. F.3, §§ 54–56; Divorce Act, s. 8(2)(a)

British Columbia has no formal 'legal separation' process. Under the Family Law Act, S.B.C. 2011, c. 25, § 3(4), spouses may be considered separated even while living in the same residence. The date of separation triggers property division rights under § 81 and starts limitation periods under § 198 (two years for common-law spouses). No court filing is required to become separated. Separation agreements are private contracts used to formalize arrangements.

Family Law Act, S.B.C. 2011, c. 25, §§ 3(4), 81, 198

Quebec is unique in Canada in offering a formal 'separation from bed and board' (séparation de corps) under Articles 493–515 of the Civil Code of Québec. It is granted when the will to share a community of life is 'gravely undermined.' Article 494 specifies grounds including an accumulation of facts making cohabitation intolerable, the spouses already living apart, or serious failure to perform a marital obligation. The marriage is not dissolved. Application must be filed with the Superior Court. Spouses may also apply jointly with a draft agreement without disclosing reasons.

Civil Code of Québec, arts. 493–515