Legal separation is an Arizona court process that resolves many of the same issues as divorce property division, debt allocation, and spousal maintenance but does not terminate the marriage. The parties remain legally married at the end of a legal separation proceeding. It can include child issues but those can be relitigated in a subsequent divorce but the financial issues cannot be.

Legal separation may be chosen for religious reasons that preclude divorce, to maintain health insurance coverage that would end upon divorce, to preserve certain marital benefits such as military or Social Security eligibility, or simply because the parties are uncertain about whether they want the marriage to end permanently.

One important limitation: either party can convert a legal separation to a dissolution of marriage during the proceedings or after the decree is entered if they later decide they want an actual divorce. The legal separation does not prevent that conversion.

Legal separation is not a common choice in Arizona practice but it is the right choice for some families. If you are uncertain whether separation or dissolution is the right path for your situation, that is a good conversation to have in a consultation before you file anything.