Legal separation in California — when divorce isn't the right fit.
Legal separation resolves nearly everything a divorce does — property, support, custody — but the marriage remains intact. For some San Diego families, it's the right answer.
What you need to know
Legal separation is a court process under Family Code §2310(b) that divides the marital estate, sets support, and establishes custody — but does not dissolve the marriage. Unlike divorce, there is no residency requirement and either party can later convert it to a divorce.
- No California residency requirement (unlike divorce).
- Marriage status remains intact — neither party can remarry.
- Health insurance coverage may continue under some employer plans.
- Religious or personal reasons often drive the choice.
- Either party can later petition to convert to dissolution.
Related topics & situations
Legal Separation vs. Divorce
The practical differences and how to choose.
Converting Separation to Divorce
Filing an amended petition after separation.
Health Insurance & Separation
When coverage continues — and when it doesn't.
Property Division in Separation
Same community property rules apply.
Support During Separation
Spousal and child support orders are available.
Custody in Legal Separation
Same custody framework as divorce.
Date of Separation
Why this date matters for property and support.
Trial Separation vs. Legal Separation
Informal arrangements vs. court orders.
Under Family Code §2310, a marriage may be dissolved or a legal separation declared on the same grounds: irreconcilable differences or permanent legal incapacity. Legal separation does not require the 6-month California residency rule that applies to divorce.
Source: California Family Code & California State Bar guidance. General information only.
Legal Separation — frequently asked questions
What is the difference between legal separation and divorce?
Can I get legal separation without meeting residency?
Why would someone choose legal separation over divorce?
Can I remarry after a legal separation?
Will I keep my spouse's health insurance?
Can a legal separation be converted to a divorce?
Does legal separation require both spouses to agree?
How is property divided in a legal separation?
What is the date of separation?
How long does legal separation take?
Speak with a San Diego family law attorney today.
Every conversation is private. Most clients leave the first call with a clear sense of what to expect — what California law says, what your case is likely worth, and what to do next.