A separation decree divides property, sets support, and establishes custody without terminating the marriage. Grounds and procedures parallel dissolution in most states, and the decree may later be converted.
Some states do not provide for legal separation.
Alternative Names:
Separation Decree|Judicial Separation
Why it Matters?
Continued health insurance eligibility and religious objections to divorce are the recurring reasons parties elect separation, though many insurers now treat legal separation as a qualifying event terminating spousal coverage, which eliminates the principal practical benefit. Property division in a separation decree is generally final, so a later conversion to dissolution does not reopen it, which parties frequently misunderstand.
Frequently Confused with
Related terms
Frequently asked questions
Does separation preserve health coverage?
Can property division be reopened on conversion?
