With legal separation you remain legally married but live separate lives under a court-approved agreement that addresses property, debts, support, and parenting. Divorce legally ends the marriage. Legal separation can be converted to a divorce after six months if both parties choose to move forward.
Separation
Establishing separate lives
Separation can be the first step toward divorce or an alternative you might choose for religious reasons, a desire to legally keep the family together for the sake of your children, or to protect valuable benefits, such as healthcare or tax savings. If you opt for separation, you are still legally married; however, you can live separate lives.
FILING A PETITION
Filing for Legal Separation
Similar to filing for a divorce, you need to file a petition with the local court to legally separate. There is no waiting period in Washington to finalize your legal separation. Either party can convert the legal separation to a divorce after six months. The agreement you adopt in your separation will be the same one used if it is converted to a divorce order.
You may choose to use mediation during this process, and if there are any issues you cannot agree on, you can go to court and have a judge issue a final ruling.
Once your separation is granted, there is a six-month waiting period before you can ask the court to convert it to a formal divorce.
Any assets or debts acquired after your date of legal separation are considered separate property and would not be further divided should you decide to move forward with a divorce.
GETTING TO AN AGREEMENT
What to Consider in a Legal Separation
When considering a separation, you will need an agreement or decision from the court on the following:
- Child custody and residential time
- Child support
- Spousal maintenance
- Health insurance
- Division of property and debts, including the disposition of the family home
- Division of retirement assets
Separation agreements are legally binding under Washington law. It is wise to consult with an attorney who understands the impact of a separation contract before signing.
NOT READY TO SEPARATE?
Post-Nuptial Agreement
If you are actively working to reconcile your marriage and are not ready to separate, you may wish to consider a post-nuptial agreement. This may allow you to put your finances in order and concentrate instead on your relationship.
SKILLED LEGAL ADVOCATES
Contact a Separation Attorney Today
When facing marital discord and the possibility of divorce on the horizon, it is advisable to hire an attorney experienced in these matters to avoid future disputes. If a post-nuptial agreement or separation agreement does not cover all current and potential issues, you may again find yourself in court or mediation to address unresolved matters.
A skilled legal advocate at our firm can advise you on the appropriate statutory language to include, highlight essential topics to consider, and help navigate a legal separation with an eye toward minimizing current and future conflict.
Frequently Asked Questions About
Legal Separation in Washington
What is the difference between legal separation and divorce in Washington?
Why would someone choose legal separation over divorce in Washington?
Common reasons include religious beliefs, a desire to maintain health insurance or other spousal benefits, tax considerations, or wanting to keep the marriage legally intact for the sake of children while living separately. It can also serve as a structured pause for couples who are uncertain about permanently ending the marriage.
Is there a waiting period for legal separation in Washington?
No. Unlike divorce, there is no mandatory waiting period to finalize a legal separation in Washington. Once the court approves the agreement, it is effective immediately.
How does legal separation affect property and debt in Washington?
Any assets or debts acquired after the date of legal separation are treated as separate property and would not be subject to division if the separation is later converted to a divorce. The separation agreement itself addresses how existing marital property and debts are divided.
Can a legal separation be converted to a divorce in Washington?
Yes. Either spouse can ask the court to convert a legal separation into a divorce after six months have passed. The terms of the separation agreement will generally carry over into the divorce order.
Does a legal separation in Washington affect spousal benefits like health insurance?
It can depending on the specific insurance plan or benefit program. Because you remain legally married during a legal separation, some benefits may remain intact, but this varies by employer and plan. It is important to verify this directly with the relevant provider.
Do we still need to go through the court for a legal separation?
Yes. Legal separation requires filing a petition with the court, just as a divorce does. If you and your spouse cannot agree on all terms, a judge can issue a final ruling on unresolved issues.
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