Legal Separation

What a legal separation does

A decree of legal separation under A.R.S. § 25-313 divides the community property and debts, enters custody and parenting-time orders if there are children, and sets child support and spousal maintenance — with the same finality as a divorce decree. After the decree, property and income each spouse acquires is separate, not community. The one thing it does not do is end the marriage: neither spouse can remarry.

The requirements

To enter a decree of legal separation, the court must find that the marriage is irretrievably broken or that one or both spouses want to live apart, and that the other spouse does not object to a legal separation. If your spouse objects and asks for a divorce instead, the case proceeds as a dissolution of marriage — one spouse cannot force the other to stay married. Unlike divorce, legal separation has no 90-day residency requirement; one spouse must be domiciled in Arizona when the petition is filed.

Why couples choose separation over divorce

• Religious or personal convictions that weigh against divorce
• Preserving eligibility for benefits tied to the marriage, where the plan allows it — some health plans treat legal separation differently from divorce, and the plan documents control
• Reaching a milestone that matters, such as the ten-year mark for certain Social Security and military benefits
• Providing structure and financial protection during a trial separation, without foreclosing reconciliation

The insurance question deserves care: some employer health plans terminate a spouse’s coverage on legal separation just as they would on divorce. Before choosing separation for insurance reasons, the actual plan documents need to be read. We help clients verify this before filing, not after.

The process

The procedure mirrors a divorce: a petition is filed in superior court, the other spouse is served, and the court cannot enter the decree until 60 days after service under A.R.S. § 25-329. Spouses who agree on every issue can submit a consent decree once the waiting period has run. Contested issues — property, custody, child support, maintenance — are resolved exactly as they would be in a dissolution.

Converting to divorce later

A legal separation is not a dead end. Either spouse can later file for dissolution of marriage, and the property division already made in the separation decree generally stands — the divorce ends the marital status without relitigating what has been settled. Many couples use separation as a considered pause; some reconcile, others complete the divorce with the hardest work already done.

Choosing between legal separation, divorce, and annulment turns on facts that are specific to your family — your benefits, your convictions, your finances, and your children. In a free consultation we can walk through which path actually fits.