Separation, as the term implies, means the wife and husband are living apart. The wife and husband generally are not required to separate in order to obtain a divorce, although for psychological reasons, it usually works out that way. In some states, certain grounds for divorce may require that the parties live apart for a specified period of time, but in most states there are grounds for divorce that do not require a period of separation.

A legal separation also means the husband and wife are living apart, but a legal separation has the added element that the arrangement is ordered by the court or agreed to by the parties in a written agreement. The fact that the separation is part of a court order or written agreement makes it a "legal separation"

The main reason for obtaining a legal separation instead of an informal separation is to make more certain the rights and responsibilities of the parties during the period of separation. If one party--usually the wife--will be receiving financial support during the period of separation, the court order or written agreement will make support an enforceable right.

Payments of support during a period of separation sometimes are called temporary maintenance or alimony pendente lite. If the person obliged to make such payments fails to do so, a court could order the payments and take steps to enforce payments.

Written agreements regarding support are necessary if the person making the payments wishes to claim a tax deduction for paying support to the spouse. If the person paying support obtains a deduction for the amount paid, then the same amount will be treated as taxable income to the recipient. Without a written agreement or court order, the payments of support will not be deductible to the payer, nor would they be treated as income to the recipient.

If the husband and wife have children, the separation agreement or court order can specify arrangements regarding custody or visitation with the children, and those arrangements also can be enforced by the court.