In Minnesota, the concept of a "legal separation" exists to allow the parties to marriage to determine custody, parenting time, child support, property division and spousal maintenance in the absence of dissolving the marital relationship. Many seek to legally separate, instead of divorce, to keep insurance in place, or for religious reasons.

When couples face marital challenges in Minnesota, they often assume that divorce is the only legal path forward. However, many spouses choose legal separation instead, a process that allows them to live apart while remaining legally married. While both legal separation and divorce involve court orders addressing financial and parenting matters, legal separation does not

The state of Minnesota offers multiple options for adjusting marital status. Divorce may be the most common approach, but some couples prefer legal separation. Although similar to divorce in many respects, legal separation holds a few key distinctions worth taking into account, as outlined below.

Separation Versus Legal Separation

Separation and legal separation are not

Many potential clients ask about the difference between a legal separation and a divorce. It is important to consider the meaning of a “separation” and a “legal separation.” Most couples opt for mere separation, as opposed to a “legal” one.

“Separation” simply means living apart. You do not need to file court papers to separate.