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Family law

Legal separation

A court process that divides property and debts and sets support and parenting orders while the spouses stay legally married.[1]

In more detail

California's courts explain that people choose it for religious, personal or financial reasons, such as keeping health coverage, and that it has no residency time requirement or six-month waiting period there.[1] A legally separated spouse can't remarry.[1]

Varies by state

Not every state offers legal separation, and the grounds and effects differ. Find your state’s rules.

Related terms

  • Dissolution of marriageThe legal term in many states, including Florida and California, for divorce: a court judgment ending a marriage.
  • AnnulmentA court order saying a marriage was never legally valid because something was legally wrong from the start, such as bigamy.
  • Residency requirementHow long at least one spouse must have lived in a state, and sometimes a county, before filing for divorce there.

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Sources

The official documents this definition is based on, with the date we last read each one. Definitions are in our own words.

  1. Legal separationselfhelp.courts.ca.govchecked ↩

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MediationList. (2026, October 28). Legal separation: Definition. https://mediationlist.com/glossary/legal-separation/

APA 7th ed. A retrieval date is included only for pages whose content changes, such as maps, data and tools.