Marital separation occurs when spouses in a marriage stop living together without getting divorced. There are different types of separation, including trial, permanent, and legal separation. Here are some key points to understand about separation:

• Trial separation: This is when a couple lives apart on a trial basis, but they are still legally married. A trial separation doesnt change the couples legal rights and responsibilities toward each other and their children.

• Permanent separation: This is when a couple decides to live apart permanently, but they are still legally married. They may choose to reconcile or move forward with a divorce in the future. The couple still goes to court to establish legally binding agreements around property division, child custody and support, and other relevant items they want to divide during the separation.

• Legal separation: This is a formal separation recognized by the court. Not every state allows legal separations. In states that permit legal separations, the process is similar to getting a divorce. One spouse will file a petition for legal separation, and a judge will oversee division of marital property and debts, decide custody and support, and award alimony, if appropriate.

A separation can be initiated informally, or there can be a legal separation with a formal separation agreement filed with the court. A separation agreement is a legal contract between spouses that outlines the terms and responsibilities of their separation, much like what you would see in a divorce decree. A separation may be unilaterally decided by one of the spouses moving away.

The main difference between separation and divorce is that a separation leaves a marriage legally intact while a divorce terminates the marriage. A legal separation does not dissolve the marriage contract but merely adjusts the couples obligations under it in light of their desire to live separately.