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Legal Separation

Legal Separation in Washington and Oregon

Understanding Your Options When Divorce Is Not the Right Choice

Reviewed on 3/2/26 by Faye BreitReed, J.D., Partner. 

For some couples, divorce is not the best or immediate solution. Legal separation in Washington and Oregon allows spouses to live apart, divide property, establish custody and support, and remain legally married. This option may preserve certain financial, medical, or legal benefits while giving couples the space to determine their future. 

What Is Legal Separation? 

A legal separation addresses the same issues as divorce, including child custody and parenting plans, child support, division of property and debts, and spousal support (alimony). The primary difference is that the marriage is not dissolved. Couples remain legally married but live separately with formal court orders in place.

 Why Choose Legal Separation Instead of Divorce? 

Couples may pursue legal separation for a variety of reasons, such as: 

  • Health insurance or benefits: Remaining legally married may preserve access to a spouse’s health coverage or military benefits. 
  • Social Security or retirement benefits: Staying married for a certain number of years may impact eligibility for federal benefits. 
  • Religious or personal beliefs: Some couples with strong convictions may prefer separation over divorce. 
  • Immigration or residency concerns: Legal marriage may help preserve immigration status. 

Converting Legal Separation to Divorce 

A legal separation does not have to end in divorce. Couples may remain separated indefinitely. However, either spouse can ask the court to convert the separation into a divorce decree. 

How We Can Help 

Our attorneys provide guidance on whether legal separation or divorce is the best option for your circumstances. We help with: 

  • Drafting and negotiating separation agreements 
  • Addressing custody, support, and property division 
  • Protecting access to benefits or financial rights 
  • Converting a separation to divorce if needed 

With decades of experience in family law, we work closely with you to protect your rights and help you make informed choices.

Frequently Asked Questions 

  • Is legal separation the same as divorce?
    No. Legal separation addresses custody, support, and property issues, but does not dissolve the marriage.
  • How long do we have to be separated before filing for divorce?
    In Washington, a legal separation can be converted into a divorce after six months. In Oregon, a legal separation can be converted into a divorce within two years of the date of the separation judgment. After two years, they must file a new divorce case instead of converting the existing separation.
  • Can we stay legally separated forever?
    Yes. Some couples remain separated permanently for financial, religious, or personal reasons.
  • Does legal separation affect my ability to remarry?
    Yes. Because you remain legally married, you cannot remarry unless the separation is converted into a divorce.
  • Will I lose access to health insurance if I legally separate?
    Not necessarily. In many cases, legal separation preserves health, retirement, and other benefits that might otherwise be lost in divorce.
  • How do I decide between divorce and legal separation?
    It depends on your personal, financial, and legal goals. An attorney can explain the differences and help you decide which option best meets your needs.

Talk with a McKinley Irvin Legal Separation Attorney

If you are considering legal separation in Washington or Oregon, our attorneys can help you understand your options and guide you through the process.

Contact us online or call (888) 337-0258 to schedule a consultation with a legal separation attorney.

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