Also known as: separation a mensa et thoro · legal separation · divorce a mensa et thoro
Written by attorneys · grounded in primary & secondary sources — see below
A judicial decree that authorizes spouses to live separately while the marriage remains legally intact. The decree terminates community-property regimes in states that recognize them and permits petitions for spousal and child support based on one spouse's need and the other's ability to pay. It does not dissolve the marriage or authorize remarriage.
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Sylvia Santos stopped contributing to household expenses after moving out of the marital home. Sarah Sullivan petitioned the court for separate maintenance citing her limited income and the children's needs. The court ordered support after weighing Sarah's need against Sylvia's ability to pay from her salary.
Simon Stern and Scott Summers submitted their marital disputes to arbitration under a broad clause. Simon asked the arbitrator to grant a legal separation and divide assets. The arbitrator declined the separation request because only a court may enter a decree changing marital status.
Samantha Stone filed a verified petition for legal separation alleging the marriage was irretrievably broken. She included the parties' ages, occupations, residences, and the date and place of marriage as required by statute. The court accepted the petition and scheduled a hearing on temporary support.
Sydney Santos sought a legal separation and asked the court to divide the couple's community property. The court assigned each spouse's separate property to that spouse and equitably apportioned the community assets without regard to fault after considering the length of the marriage and each party's contributions.
Sarah Sullivan petitioned for legal separation and requested division of assets acquired during the marriage. The court equitably apportioned the property considering the duration of the marriage, each spouse's income and needs, and homemaker contributions without regard to marital misconduct.
Scott Summers obtained a decree of legal separation. When Samantha Stone appealed only the support award, the decree dissolving the marital living arrangement became final immediately. Either party remained free to remarry pending appeal on the status portion.
No. The decree permits spouses to live apart and divides property or awards support but leaves the marriage legally intact. Remarriage requires a decree of dissolution.
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Yes. A spouse not receiving support may petition for alimony and child support in a legal-separation proceeding. Courts measure the award by the claimant's need and the other spouse's ability to pay.
…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…
…who have resided therein for a period of less than one year and who desire to initiate actions for dissolution of marriage or legal separation, and who are barred from
…there with the same effect that it has in the State in which the decree was given. Alimony decreed to a wife in a divorce of
…intended secs. 767.02(l)(h) and 767.255, which usually govern division of property between married persons in divorce or
…Feenstra eventually dropped the charge against her husband. He did not return home, but instead obtained a legal separation
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No. Family-law arbitration statutes prohibit an arbitrator from entering a decree that changes marital status, including legal separation. Only a court may issue such a decree.
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The verified petition must state that the marriage is irretrievably broken and supply the parties' ages, occupations, residences, length of state residence, and the date and place of marriage.
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The court assigns each spouse's separate property to that spouse and equitably apportions community or marital property without regard to marital misconduct after considering the marriage's duration, each party's contributions, needs, and earning capacity.
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The decree is final when entered, subject to appeal. An appeal that does not challenge the finding that the marriage is irretrievably broken does not delay finality of the separation itself.
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