Divorce and legal separation both change a marriage in a final and formal way that is governed by Washington State law. They are distinguished by the end result. In both divorce and legal separation, you will deal with child custody and child support, division of property and debts, and spousal support. But whereas divorce ends the marriage relationship, at the end of a legal separation, you remain married to your spouse.
Legal separation is also different from a separation that is informal. Couples can choose to separate and live apart while they try to work on their relationship without going through the court. All of their agreements and property management can be done by agreement. But when you begin a legal separation, they end result is a final and enforceable division of your financial life.
The decision between divorce and legal separation isn’t just legal but deeply personal, often touching moral, financial, and family values. At Pacific Northwest Family Law, we help clients understand both paths clearly so they can choose the one that protects their peace, safety, and long-term stability.
Learn more about how Pacific Northwest Family Law approaches divorce on our Divorce in Washington State page.
Understanding the Difference
What is the difference between divorce and legal separation in Washington?
Divorce permanently ends a marriage. Legal separation allows two people to live apart while remaining legally married. Both address property division, parenting, and support orders.
RCW 26.09.150
How does legal separation work in Washington State?
It follows the same process as divorce: filing a petition, serving your spouse, exchanging financial disclosures, and obtaining court orders for parenting, property, and support. RCW 26.09.030
Can legal separation be converted to divorce?
Yes. After six months, either spouse may request conversion to divorce, and the court will grant it without relitigating prior issues.
Why would someone choose legal separation instead of divorce?
Some couples choose legal separation for moral, religious, or financial reasons — for example, to preserve health insurance or retirement benefits while living apart. It can also serve as a structured pause for those considering reconciliation.
Finances, Property, and Daily Life
What happens to property and debt during legal separation?
The court divides assets and debts just as it would in a divorce based on community property laws in a fair and equitable way. These orders are binding and enforceable even if the case is never converted to divorce. RCW 26.09.050
Can I date while legally separated?
Legally, yes — but it may cause tension, particularly if children are involved. Talk with your attorney about potential consequences. You cannot marry another person while legally separated because you remain legally married.
Does Washington require separation before filing for divorce?
No. Couples do not have to live apart before filing. Many remain in the same home during the early stages of the process.
How Pacific Northwest Family Law Helps
The decision to file for divorce or legal separation is a highly personal one. Wh
Both are serious, binding legal processes meant to bring order, fairness, and peace of mind to difficult circumstances.
At Pacific Northwest Family Law, we help clients approach these choices thoughtfully. We explain the consequences, the protections, and the possibilities so you can move forward with confidence, clarity, and dignity.
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[link: Property Division and Assets]
[link: Custody, Parenting Plans & Relocation]
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Reviewed by Attorney Zachary C Ashby, Pacific Northwest Family Law, October 2025.