Divorce ยท Legal separation
St. Louis Legal Separation Lawyer
A legal separation in Missouri settles the same questions a divorce does, custody, support, maintenance, and property, while the marriage itself stays intact. We help St. Louis couples decide whether separation or dissolution fits their situation, and then handle the case either way.
The first question most people ask
Legal separation vs. divorce in Missouri: what is the difference?
The difference is the end result, not the process. A judgment of legal separation resolves custody, child support, maintenance, and the division of property and debt exactly as a divorce judgment would, but the marriage continues. A judgment of dissolution ends it. Both go through the same circuit court, the same filing, the same disclosures, and the same hearing if the case is contested.
What a Missouri legal separation decides
Under Section 452.305 of the Missouri Revised Statutes, a judgment of legal separation addresses every issue a dissolution would, including:
- Child custody and a parenting plan, if there are minor children
- Child support under the Missouri guidelines
- Maintenance (spousal support), where one spouse qualifies for it
- Division of marital property and debt under the same equitable distribution rules as a divorce
- Which spouse keeps the home, the vehicles, and the accounts, and who pays which bills
Property either spouse acquires after the judgment is treated as separate, so the financial break is real even though the legal one is not. The practical steps are covered in our guide to financial considerations during a Missouri legal separation.
What stays the same, and what can change later
You remain legally married. Neither spouse can remarry, and rights that depend on marital status, such as some employer health plans, certain survivor benefits, and filing a joint tax return, may continue depending on the plan or program. Whether they do is a question for the plan administrator or a tax professional, and it is worth asking before you choose this route.
A legal separation is not permanent unless both of you want it to be. Under Section 452.360, no earlier than 90 days after the judgment is entered, either spouse can file a motion asking the court to convert the legal separation into a dissolution, and the court will grant it. The custody, support, and property terms generally carry over, so the work done during the separation is not repeated.
Spouses who reconcile can ask the court to set the judgment aside. A judgment of legal separation does not expire on its own; it stays in effect until it is converted, vacated, or modified.
Still weighing the two? Our guide to divorce vs. legal separation walks through the decision, and the uncontested divorce page covers the simpler path when both spouses are ready to end the marriage.
Why couples choose it
When legal separation makes sense in St. Louis
Most of the couples we help with legal separation are not undecided about living apart. They are deciding what the marriage should look like on paper while they do.
Health insurance and benefits
Spousal coverage usually ends when a divorce is final. Some employer plans continue to cover a legally separated spouse, which can matter when one spouse has a serious health condition or is close to Medicare age. The plan documents control, so we ask for them early, and the answer often shapes which petition to file.
Religious or personal convictions
Some spouses cannot, in conscience, seek a divorce. Legal separation lets them establish custody, support, and a financial split without ending the marriage. If one spouse petitions for legal separation and the other asks for dissolution, the court decides which judgment to enter based on the evidence.
Hope of reconciliation
Some couples want a structured period apart with the finances and parenting time settled, without closing the door. A legal separation gives that structure. If the marriage recovers, the judgment can be set aside; if it does not, either spouse can convert it to a divorce after 90 days.
A temporary situation
Substance use, a gambling problem, or a spouse’s financial decisions can make it necessary for one spouse to separate the household finances now, before any decision about the marriage is made. A judgment of legal separation draws that line: income earned and debt taken on after the judgment belong to the spouse who earned or incurred them.
When one spouse does not agree
Missouri does not require both spouses to want the same outcome. If one spouse files for dissolution and the other denies that the marriage is irretrievably broken, Section 452.320 requires the spouse seeking divorce to prove one of five facts: adultery the other spouse finds intolerable; behavior that makes it unreasonable to expect them to keep living together; abandonment for at least six months; living apart by mutual consent for at least twelve months; or living apart for at least twenty-four months. If none is proven, the court may enter a judgment of legal separation instead.
These contested cases are where preparation matters most, and where the court will often direct the parents to mediation before trial when children are involved.
How it works
Filing for legal separation in St. Louis
The procedure mirrors a divorce. One spouse must have lived in Missouri for at least 90 days before filing, and the court cannot enter a judgment until at least 30 days after the petition is filed.
1
Decide which petition fits
We start with your reasons: benefits, beliefs, finances, or time. Then we look at what your spouse is likely to file and whether a separation judgment can realistically hold. Choosing the right petition up front avoids refiling later.
2
File, disclose, and propose terms
The petition is filed in the circuit court for the county where you or your spouse lives: St. Louis County, St. Louis City, St. Charles, or Jefferson for most of our clients. Both spouses exchange financial statements, and if there are children, each files a proposed parenting plan.
3
Settle or be heard
When the terms are agreed, the court reviews the separation agreement and parenting plan and enters the judgment, often without either spouse appearing in person. When they are not, the case is set for hearing and the judge decides the open issues.
Want to work out the terms together? David is on the St. Louis County Family Court’s Court Approved Mediator List and mediates separation agreements and parenting plans for couples who prefer to reach their own arrangement.
Common questions
Legal separation questions we hear most
Do we have to be legally separated before we can divorce in Missouri?
No. Missouri has no separation requirement before filing for dissolution. Legal separation is a separate option, not a waiting period. Living apart does matter in one situation: if your spouse denies the marriage is irretrievably broken, having lived apart for twelve months by agreement, or twenty-four months without it, is one of the facts that can support a divorce.
How long does a legal separation take in St. Louis?
The court cannot enter a judgment until 30 days after filing, and an agreed case can often be finished within a few months. A contested case takes as long as a contested divorce, which depends on the issues in dispute and the court’s docket. Cases with children generally take longer because the parenting plan has to be reviewed.
Can I stay on my spouse’s health insurance if we are legally separated?
It depends on the plan. Many employer plans continue to cover a spouse during a legal separation because the two of you are still married, while a divorce usually ends coverage. Some plans treat legal separation itself as a qualifying event. Ask the plan administrator for the written rule before you rely on it, and bring the answer to your consultation.
Can a legal separation be turned into a divorce?
Yes. Once 90 days have passed since the judgment of legal separation, either spouse can file a motion to convert it to a judgment of dissolution, and the court will grant it. The other spouse’s agreement is not required. The existing custody, support, and property terms generally remain in place.
Is legal separation cheaper than divorce?
Not usually. The filing, disclosures, and issues are the same, so the cost is driven by how much the two of you disagree, not by which judgment you ask for. Where legal separation can save money is in benefits that continue, such as health coverage, and in avoiding a second case if you later reconcile.
Separation or divorce, the terms you sign are the ones you live with.
If you are considering a legal separation in St. Louis, or your spouse has filed for one, call or reach out online to schedule a confidential consultation. We will help you choose the right petition and settle the terms on solid ground.
This page provides general information and is not legal advice. Every case is different, and outcomes depend on specific facts and circumstances. Part of our St. Louis divorce practice. See all family law practice areas.