Legal separation in Arizona is often misunderstood as a softer alternative to divorce, but in practice, it functions almost identically. Under Arizona law, a court may enter a Decree of Legal Separation if at least one spouse is domiciled in the state at the time the case begins, and if one or both spouses desire to live separate and apart. The only additional requirement that distinguishes legal separation from divorce is that both spouses must agree to the legal separation. Once a party moves for legal separation, and the other party agrees, the court proceeds almost exactly as it would in a dissolution.
The first significant legal consequence of filing and serving a Petition for Legal Separation is that the marital community ends. Earnings, debts, and acquisitions occurring after the date of service of the petition for legal separation are no longer characterized as community, provided the Petition results in entry of a Decree of Legal Separation. After that Decree is entered, the couple remains legally married, but financially they are no longer tied together, effective as of the date of service.
The second significant legal consequence of a legal separation is that the court can enter orders addressing nearly every issue that would arise in a divorce. This includes legal decision-making authority for children, parenting time schedules, child support, spousal maintenance, and the full disposition of property and debts. The court must enter parenting orders based on the child’s best interests, just as it would in a dissolution.
Legal separation has two limitations that differentiate it from divorce: because the spouses are still legally married, they cannot remarry, and they cannot file taxes jointly. Despite these limitations, some spouses choose legal separation over divorce to maintain healthcare coverage, keep club memberships, or preserve military or federal benefits. Others pursue legal separation because they need the financial clarity that comes with ending the community and having control of their earnings and share of the assets but are not ready to dissolve the marriage for religious or personal reasons.
Although legal separation preserves the possibility of reconciliation, that outcome is fairly uncommon. If both spouses later decide to resume their marriage, they may agree to terminate the Decree of Legal Separation; when that termination is entered, the parties’ marital status is restored and the marital community is established on a going forward basis; as if they married on the date of the termination order. Any property awarded to either spouse as sole and separate property in the Decree remains his or hers. Support obligations end, and any past-due child support or spousal maintenance is waived. But because legal separation unwinds nearly all financial entanglements, most couples who formalize a legal separation do not later choose to re-create a shared financial life.
Legal separation also does not prevent the path to dissolution. At any point before the court enters a Decree of Legal Separation, either spouse may request that the pleadings be amended to convert the case into a formal dissolution of marriage proceeding. The process then proceeds exactly like a divorce, ultimately terminating the marriage. And if a spouse seeks dissolution of marriage after a Decree of Legal Separation has been entered, the parties do not restart at square one. It is critical to note that the Court’s division of property and debts in the Decree of Legal Separation cannot be relitigated. Parenting orders likewise remain in place unless there has been a substantial and continuing change in circumstances affecting the child’s best interests—the same standard that applies when modifying orders after a divorce.
For these reasons, legal separation is best understood not as a halfway step, but as a complete restructuring of the marital relationship. Couples remain married, but the financial, legal, and parental consequences mirror divorce almost entirely. But for spouses who need financial certainty, protection, or legal clarity without terminating their marital status, legal separation may be the appropriate path. If you are considering a legal separation agreement, don’t hesitate to seek professional advice to help you better understand the legal and financial implications of your decision.