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Legal Separation in California

California couple considering legal separation

Legal Separation in California

California recognizes legal separation as an alternative to divorce. This option is not as permanent as divorce, but it can help provide clarification of legal rights while spouses contemplate whether they will stay together. Knowing the laws associated with legal separation in California can help spouses determine if this is the best option for them.

Compare this pathway with our divorce overview and property division guide to understand how each choice affects assets, support, and long-term planning.

Consent

An important characteristic of legal separation in California is that both spouses generally must agree to it, unless the responding spouse fails to appear in the proceeding (defaults). Under California Family Code § 2345, a judgment of legal separation cannot be entered without the consent of both parties unless the other party has not made a general appearance.

If one spouse wants a legal separation and the other wants a divorce, the divorce process will proceed. Divorce in California does not require both spouses to consent.

Reasons for Legal Separation

The same legal grounds for divorce apply to legal separation. California is a no‑fault state, meaning that the most common reason for filing is "irreconcilable differences." Couples may decide to separate for a variety of personal, practical, or financial reasons. For example, they may be part of a religion that does not approve of divorce, wish to remain married for health insurance or military benefits, or prefer to keep their marital status intact for tax or immigration reasons.

In some cases, a couple may choose legal separation to experience what living apart feels like before deciding whether to divorce or reconcile. Because there are residency requirements to file for divorce in California, some spouses begin with a legal separation and later amend or petition for a divorce once residency requirements are met.

Legal Process

The process to obtain a legal separation begins similarly to a divorce—by filing a petition (Form FL‑100) and serving the other party. A legal separation uses the same family law forms and procedures as a divorce.

Couples can later convert the matter to a full dissolution—see the divorce process—or use cooperative tools described in our mediation resource to resolve disputes efficiently.

However, a judgment of legal separation typically requires mutual consent (or default). If the parties do not agree to specific terms of custody, visitation, property division, or support, the court can resolve these issues using the same legal standards as in a divorce.

Once the court orders a legal separation, either spouse may later amend the petition or file a new action to dissolve the marriage, provided the residency requirements for divorce are met. Often, the separation agreement serves as a foundation for a later divorce decree.

Provisions of a Legal Separation Agreement

A legal separation agreement may include a variety of provisions, depending on the couple's circumstances:

Custody

The agreement may specify whether the parents share joint legal custody or if one parent has primary physical custody. It may include a parenting plan addressing visitation schedules, decision‑making authority, and other parenting arrangements.

Child Support

The agreement may include provisions for child support during the period of separation. Support is typically determined according to California's statewide guideline formula, which uses both parents' incomes and custodial time shares.

Learn how the calculator works in our child support guide.

Property Division

The parties may agree on how assets and debts will be divided. If they cannot reach an agreement, the court may decide property issues after hearings and evaluations. The agreement may include terms about mortgage payments, utilities, legal fees, healthcare, living expenses, and taxes. It may also outline how property will be managed or sold during the separation.

For valuation strategies and reimbursement rules, see our property division resource.

Spousal Support

The spouses may agree to temporary or ongoing spousal support. The agreement can specify the duration and amount of support during separation. Any support orders entered in a legal separation judgment remain enforceable and can later be reviewed or modified in a divorce proceeding.

Visit our spousal support page for details on guideline formulas and modification standards.

Property Rights and Separation

The date of separation is important because it helps determine when community property rights end. Under California law, income and property acquired after the date of separation are generally considered separate property. A judgment of legal separation can also define property and debt division from a specified date.

If circumstances evolve after the judgment, consult our modification and enforcement guide for information on updating orders.

However, the statement that spouses "owe no further duty of care or support" should be understood in context—support obligations may still exist under court orders issued in a legal separation.

Differences between Legal Separation and Divorce

Key differences include:

  • Inability to remarry – Spouses who are legally separated remain married and therefore cannot remarry. A divorce terminates the marriage and restores single status.
  • Residency requirement – To file for divorce in California, one spouse must have lived in the state for at least six months and in the county for at least three months. Legal separation has no minimum residency duration; only one spouse needs to live in California.
  • Finality – Divorce permanently terminates the marital relationship. Legal separation does not—it preserves the marriage while resolving property, custody, and support issues.
  • Waiting period – A legal separation can be finalized without California's mandatory six‑month waiting period that applies before a divorce judgment becomes final.
  • Marital status – In legal separation, the parties remain legally married. Divorce ends the marital status entirely.

Other Legal Options

Couples considering a legal separation may also consider:

  • Trial separation – An informal, non‑legal arrangement where spouses live apart to decide if reconciliation is possible.
  • Marital settlement agreement without court involvement – The parties can reach a private agreement and later submit it for court approval, often simplifying the process.
  • Collaborative divorce or mediation – Processes designed to help couples resolve issues respectfully without extensive litigation.

Learn more about collaboration and neutral facilitators in our mediation and arbitration overview.

A California family law attorney can help individuals understand the pros and cons of legal separation, determine the best legal strategy, and ensure all necessary rights and obligations are properly addressed.

Explore the benefits of legal separation

Discuss your goals with Ginny Walia Law Offices to design a separation agreement that protects your family and future options.

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Legal Separation FAQs

A legal separation is a court-ordered arrangement that outlines the rights and obligations of spouses who choose to live apart while remaining legally married. It can include orders for property division, custody, visitation, child support, and spousal support—similar to a divorce—but it does not terminate the marriage.

Generally, yes. Under California Family Code Section 2345, the court cannot grant a legal separation unless both spouses agree or the responding spouse defaults by failing to appear. If one spouse seeks divorce and the other prefers separation, the court proceeds with the divorce because dissolution does not require mutual consent.

Common reasons include:

  • Religious or moral objections to divorce.
  • Maintaining health insurance, military, or immigration benefits.
  • Allowing time to satisfy divorce residency requirements.
  • Creating space to evaluate reconciliation before ending the marriage.

Yes. After meeting California’s divorce residency requirements (six months in the state and three months in the county), either spouse can amend the petition or file a new action to dissolve the marriage. The terms of the legal separation often provide the framework for the final divorce judgment.

No. Unlike divorce, legal separation has no minimum residency threshold. As long as one spouse lives in California when the petition is filed, the court can hear the case.

There is no mandatory six-month waiting period. A legal separation can be finalized once the required pleadings, disclosures, and agreements are properly filed, served, and approved by the court—often making it faster than divorce.

After the legally established date of separation, income and assets acquired by either spouse are generally considered separate property. The judgment can specify how existing property and debts are divided and how future earnings will be treated.

Yes. Courts can issue enforceable orders for spousal support and child support during a legal separation, just as in a divorce proceeding. These orders remain in effect unless modified by the court.

No. Legal separation does not restore single status. You must obtain a divorce judgment to legally remarry.

It can. Some spouses maintain health insurance, military benefits, or other coverage through legal separation. Tax filing status may change depending on whether you live apart for the entire year and meet IRS requirements. Consult a tax professional for personalized guidance.

A trial separation is an informal arrangement where spouses live apart without court involvement. A legal separation is a formal judicial process that establishes legally enforceable orders regarding property, support, and parenting.

Yes. Mediation and collaborative law are effective ways to resolve separation issues amicably. A neutral mediator or collaborative team can help spouses reach agreements without extensive litigation.