Legal Separation
A court order that allows married spouses to live apart and divide responsibilities without ending the marriage.
A legal separation is a court-approved arrangement where married spouses live apart and resolve issues like property division, child custody, child support, and spousal maintenance, but remain legally married. The process is very similar to a divorce, but at the end, the couple is still married.
People choose legal separation instead of divorce for various reasons. Some have religious beliefs against divorce. Others want to keep certain benefits, like health insurance, that require being married. Some couples simply are not sure they want to end the marriage permanently. In Minnesota, either spouse can later convert a legal separation into a dissolution if they decide to end the marriage.
Why it matters: A legal separation gives spouses the legal structure of a divorce — enforceable court orders about custody, support, and property — while keeping the marriage intact. This can be important for insurance, tax, or personal reasons.
Example: A couple decides to live apart. For religious reasons, they do not want a divorce. They file for a legal separation, and the court issues orders dividing their property, setting a custody schedule, and establishing child support — but they remain legally married.
Family court, situations where spouses want to separate but not divorce